header-logo header-logo

I give you his word

30 May 2014 / Penny Bygrave , Michael Twomey
Issue: 7608 / Categories: Features , Commercial
printer mail-detail
web_twomey_2

Penny Bygrave & Michael Twomey examine instances of potential liability

In Cramaso LLP v Ogilvie- Grant, Earl of Seafield (Scotland) [2014] UKSC 9, [2014] 2 All ER 270 Sandy Lewis, an employee and chief executive of the defendant trust, caused an e-mail to be delivered to Alistair Erskine referring to a moor’s estimated grouse population. The e-mail contained implied false statements of fact that amounted to misrepresentations; the figures were extrapolated from counts relating to certain parts of the moor and were not representative of the moor as a whole. The Scottish lower court did not find fraudulent misrepresentation. Erskine subsequently decided to use a new limited liability partnership to enter into a lease of the moor. Discussions continued between Lewis and Erskine, who was then acting as agent of the LLP. Some weeks after the e-mail, the lease was eventually signed on behalf of the trust and the LLP.

In the Scottish Court of Session, the Lord Ordinary, Lord Hodge, found that Erskine was the directing mind and will

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
back-to-top-scroll