Cassa di Risparmio della Repubblica di San Marino SpA v Barclays Bank Ltd, [2011] EWHC 484 (Comm), [2011] All ER (D) 189 (Mar)
In order to establish a right to damages under s 2(1) of the Misrepresentation Act 1967, it was necessary for the claimant to prove: (a) a representation made by the defendant; (b) which was false; (c) which induced the claimant to enter into the relevant contract; and (d) as a result of which the claimant suffered loss. If those elements were proved, the defendant would have a defence under s 2(1) of the Act if it proved that it had reasonable ground to believe, and did believe, up to the time that contract was made, that the facts represented were true.
The requirements for a claim under the Act were therefore the same as for a claim in the tort of deceit, subject to the important difference that under s 2(1) it was not necessary for the claimant to prove that the misrepresentation had been made fraudulently. Rather, the Act expressly provided that, where the other requirements of the tort of deceit were met, the person
