Litigation Notes

Privy Council holds that there is no legal requirement in the tort of deceit to show that a claimant was consciously aware of the representation made

Reliance on a representation can be based on an unconscious assumption, but there must be a causal link between the defendant's words/actions and the …

Court of Appeal decision acts as reminder that acceptance of repudiatory breach must be communicated to end contract

High Court considers the requirement for “awareness” in implied misrepresentation claims

The High Court has refused an application to strike out or summarily dismiss a claim for fraudulent misrepresentation in the group litigation against …

Court of Appeal clarifies proper approach to assessing damages for fraudulent misrepresentation

The Court of Appeal has allowed an appeal by a purchaser in the context of its claim for damages for fraudulent misrepresentation against the sellers of …

High Court orders payment to sellers from escrow account, despite purchaser’s fraud claims, as claims had not been notified in accordance with the SPA

The High Court has granted the sellers of a company summary judgment on their claim for specific performance of a clause requiring payment of …

High Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentation

In a recent decision, the High Court has struck out claims against a defendant bank alleging implied fraudulent misrepresentations in relation to LIBOR, …

Commercial Court considers contractual estoppel, entire agreement clauses and declaratory relief in dispute relating to 1992 ISDA Master Agreement

The Commercial Court has granted declaratory relief concerning a bank’s rights under an interest rate hedging arrangement governed by the 1992 ISDA …

Pre-contractual statements: When can they come back to bite you?

Parties may say all sorts of things when negotiating a contract. Where sophisticated commercial parties are involved, most pre-contractual …

Court of Appeal confirms no claim for third party's loss unless common intention to benefit the third party at the time of contracting

The Court of Appeal has held that, where a buyer wrongly terminated a two year contract, the seller could only claim its own loss of profit and not that …

Court of Appeal confirms correct legal test for determining a principal's liability for its agent's fraudulent misrepresentation

The Court of Appeal has confirmed that, where a claimant has suffered loss in reliance on an agent's fraud, the principal will be vicariously liable only …

High Court finds entire agreement clause did not exclude liability for misrepresentation

The High Court has held that an entire agreement clause in a commercial contract did not exclude liability for misrepresentation under section 2(1) of …

Misrepresentation claim struck out on basis that entire agreement statement excluded liability

The High Court has held that an entire agreement clause in a commercial contract had the effect of excluding liability for misrepresentation under …