VTB Capital plc (Appellant) v Nutritek International Corp and others (Respondents) – Supreme Court
Supreme Court, 6th February 2013
Category: misrepresentation
Repeal of property sales law will pose risks for housebuilders, says expert – OUT-LAW.com
“The Government’s decision to repeal a law designed for regulating property sales and rely on general consumer protection legislation instead will expose housebuilders to new risks and increase their costs at a time when they can scarcely afford it.”
OUT-LAW.com, 15th October 2012
Source: www.out-law.com
Tchenguiz Brothers’ search warrants ruled unlawful – BBC News
“Search warrants issued to the Serious Fraud Office as part of its investigations of property tycoons the Tchenguiz brothers were unlawful and obtained by ‘misrepresentation’, the High Court has ruled.”
BBC News, 31st July 2012
Source: www.bbc.co.uk
Sky’s ‘totally unlimited broadband’ claims not misleading, ASA rules – OUT-LAW.com
“A major UK internet service provider’s (ISP’s) claim that it could offer a ‘totally unlimited broadband’ service to customers was not misleading, despite the fact the service would contain ‘inherent limitations’, the Advertising Standards Authority (ASA) has ruled.”
OUT-LAW.com, 23rd July 2012
Source: www.out-law.com
Green v Eadie and others – WLR Daily
Green v Eadie and others [2011] WLR (D) 335
“Sections 2 and 9(1) of the Limitation Act 1980 both applied to a claim brought under section 2(1) of the Misrepresentation Act 1967 and such a claim was therefore, by virtue of section 8(2) of the Limitation Act 1980, not within the ambit of section 8(1) of that Act. The applicable limitation period was therefore six years. Where a person entered into a flawed transaction which might have been capable of being remedied by rescission, loss was first suffered and the cause of action therefore accrued when the person entered into the flawed transaction.”
WLR Daily, 18th November 2011
Source: www.iclr.co.uk
Unreasonableness to the Rescue? – Hardwicke Chambers
“It has long been established that at common law a person cannot avoid liability for fraudulent statements by inserting a clause in the contract that the other party is not to rely upon them: S Pearson & Son Ltd v Dublin Corpn [1907] AC 351. However, fraudulent or reckless mis-representations are notoriously difficult to prove, not least because, although the civil standard of proof applies, cogent evidence will be required to establish the ‘misdemeanour’. And, of course, the relevant knowledge and/or documentation needed to satisfy the Court are likely to be within the representor’s control.”
Hardwicke Chambers, 30th September 2011
Source: www.hardwicke.co.uk
Guidance on misleading airbrushing in adverts issued – OUT-LAW.com
“The UK’s advertising regulator has re-issued guidance on the use of digital enhancements in cosmetic ads after recently ruling two such ads were misleading.”
OUT-LAW.com, 10th August 2011
Source: www.out-law.com
Carer who ‘bullied’ elderly auctioneer loses battle for £2.3million share of his fortune – Daily Telegraph
“A ‘dictatorial’ carer who bullied an elderly auctioneer who sold the Duchess of Windsor’s jewellery lost a court battle for a £2.3million share of his fortune after she was condemned as a brazen liar by a judge.”
Daily Telegraph, 20th January 2011
Source: www.telegraph.co.uk
Conman who stole £120,000 ordered to repay £1 – Daily Telegraph
“A conman who stole more than £120,000 from customers who thought they were renting holiday villas has been ordered to repay just £1.”
Daily Telegraph, 5th January 2011
Source: www.telegraph.co.uk
BSkyB ruling will not transform IT procurement, says expert – OUT-LAW.com
“IT companies will not have to conduct a total overhaul of their sales processes in the aftermath of a long-awaited court ruling this week, a technology law expert has said. The ruling focused on the dishonesty of one employee, not a whole company.”
OUT-LAW.com, 28th January 2010
Source: www.out-law.com
Court battle after ‘garden flooded 80 times’ – The Independent
“A financier who bought a £1.9m family home on the banks of the Thames is taking the previous owners to court, claiming they failed to warn him that the garden flooded as many as 80 times a year.”
The Independent, 27th January 2010
Source; www.independent.co.uk
BSkyB wins long-running court battle over failed IT upgrade project – The Times
“BSkyB, the satellite broadcaster, won a landmark court ruling yesterday against an information technology supplier that it had accused of lying to win a £50 million tender.”
The Times, 27th January 2010
Source: www.timesonline.co.uk
Commercial interpretation identifies prevailing jurisdiction clause, rules Court of Appeal – OUT-LAW.com
“One jurisdiction clause in one of hundreds of pages of documents cannot govern the whole agreement because no company acting in a normal commercial way would think that it would, the Court of Appeal has said.”
OUT-LAW.com, 30th June 2009
Source: www.out-law.com
Council MD did not lie about health in £1m claim, says High Court – OUT-LAW.com
“The managing director of a local authority did not mislead her employer when she failed to tell them that she had suffered from depression, the High Court has ruled. She will not have to repay the nearly £1 million claimed from her by the council.”
Full story
OUT-LAW.com, 23rd June 2009
Source: www.out-law.com
Defeat for council that sued boss for lying about illness – The Independent
“A former council chief executive had her mental health ‘cruelly broken’ by her former employer which accused her of lying about her medical condition on her job application and pursued her through the courts, her husband said yesterday.”
The Independent, 16th June 2009
Source: www.independent.co.uk
Council loses £1m illness lawsuit – BBC News
“A council has lost its High Court case against a former managing director after claiming she withheld a history of depressive illness.”
BBC News, 15th June 2009
Source: www.bbc.co.uk
Rajesh Gill, ‘7 to 7’ day trader, awarded £20m for City fraud – The Times
“One of Britain’s most successful City traders, who was fooled into thinking he was making millions when he was really suffering huge losses, has been awarded £20 million after a judge ruled that his broker defrauded him.”
The Times, 7th May 2009
Source: www.timesonline.co.uk
Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd – Times Law Reports
Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd
Court of Appeal
“International supply contracts which excluded liability for misrepresentation and the right to rescind were not subject to the requirement of reasonableness.”
The Times, 15th April 2009
Source: www.timesonline.co.uk
Hammonds lawyer accused of taking ‘secret payments’ – The Times
“A consultant at law firm Hammonds advised a businessman on a $14 million company purchase while simultaneously receiving secret payments to work for the seller, a court heard today.”
The Times, 11th March 2009
Source: www.timesonline.co.uk
Ex-QC raises civil action against RBS – The Independent
“A former QC raised a civil case in court today against the Royal Bank of Scotland Group, accusing it of concealing the state of its finances.”
The Independent, 18th February 2009
Source: www.independent.co.uk
