header-logo header-logo

24 April 2015
Issue: 7649 / Categories: Case law , Law digest , In Court
printer mail-detail

Misrepresentation

Taberna Europe CDO II plc v Selskabet AF1. (in bankruptcy) [2015] EWHC 871 (Comm), [2015] All ER (D) 49 (Apr)

The claimant sought damages for the defendant’s misrepresentations, under s 2(1) of the Misrepresentation Act 1967. The Commercial Court, in allowing the claim, held that the fact that consideration for subordinated notes had been paid by the claimant to a third party, not the defendant, had not taken the case outside s 2(1) of the Act and, in principle, the defendant could rely on a defence of contributory negligence. In the circumstances, one false misrepresentation had been made by the defendant and relied upon by the claimant, but the submissions on contributory negligence were rejected.

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

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
back-to-top-scroll