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15 March 2013
Issue: 7552 / Categories: Case law , Law digest , In Court
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Misrepresentation

Bush and another v King [2013] All ER (D) 23 (Mar)

The authorities established the following propositions. First, in order to sustain an action of deceit, there had to be proof of fraud and nothing short of that would suffice. Second, fraud was proved when it was shown that a false representation had been made: (i) knowingly; (ii) without belief in its truth; or (iii) recklessly, careless whether it was true or false. Where the issue was whether the utterance had been fraudulently made, the question was not whether the defendant in any given case had honestly believed the representation to be true in the sense assigned to it by the court on an objective consideration of its truth or falsity, but whether he had honestly believed the representation to have been true in the sense in which he had understood it, albeit erroneously, when it had been made.
 

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MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

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Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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