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16 September 2010
Issue: 7433 / Categories: Case law , Law digest
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Misrepresentation

Belfairs Management Ltd v Sutherland and another [2010] EWHC (Ch) 2276, [2010] All ER (D) 59 (Sep)

To make good a case in deceit, the evidence had to establish that the first defendant had made a statement of fact; that he knew the statement to be false (or had no belief in its truth) or that he was reckless as to its truth or falsity; that the claimant was intended to rely on it; that the claimant had relied on it; and by reason of that reliance the claimant had suffered loss.

A statement of fact once made was likely to have a continuing effect—until the transaction was completed, or until the form of the transaction was changed so that the statement ceased to be material, or until some other event occurred which meant that the statement ceased to be operative on the mind of the hearer. Because of that continuing effect a statement that was true when made could be rendered false by a change in circumstances. If the maker of the statement came to know of the

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
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Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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