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Corporate & Commercial Law
Litigation & Dispute Resolution
CPD Points:
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This CPDcast provides a useful overview of the law governing claims for damages and rescission for misrepresentation for non-disclosure in the course of pre-contractual negotiation and will be of interest to commercial law practitioners and civil litigators.

After completing the course you will:
  • Know how a misrepresentation is legally defined;
  • Understand the relevance of the truth of a statement;
  • Be aware of the various options for a party who has relied upon a misrepresentation;
  • Understand the importance of the timing of a misrepresentation;
  • Know the key provisions of the Misrepresentation Act 1967;
  • Have considered the steps a party can take to protect themselves from inadvertently making a misrepresentative statement;
  • Know the circumstances under which a fiduciary duty will exist and create an exception to the rules regarding misrepresentation.
General Interest Difficulty: 2 of 5
Sources and References:
  • Archer v Brown [1985] QB 401;
  • Atlantic Lines & Navigation v Hallam (The Lucy) [1983] Lloyd’s Rep 188;
  • Chatered Trust v Davies (1997) 2 EGLR 83;
  • Chitty on Contracts Vol.1 (31st ed.) at 6-006;
  • Dadourian Group v Simms [2009] EWCA Civ 169;
  • Derry v Peek (1889) 14 AC 337;
  • Downs v Chappell [1997] 1 WLR 426;
  • Esso v Mardon [1976] QB 801;
  • Gran Gelato v Richcliff [1992] Ch 560;
  • Hedley Byrne & Co v Heller (1964) A.C 465;
  • Howard Marine v Ogden [1978] QB 574;
  • Johnson v EBS Trustees (2002) Lloyd’s Rep. 309 CA;
  • Livesey v Jenkins (1985) AC 425;
  • Misrepresentation Act 1967;
  • Reese River Silver Mining v Smith (1869) LR 4 HL 64.;
  • Royscot Trust v Rogerson [1991] 2 QB 297;
  • Smith New Court Securities v Scrimgeour Vickers [1997] AC 254;
  • Snell’s Equity at 7-018 to 7-019;
  • Unfair Contracts Terms Act 1977, s11;
  • WB Anderson v Rhodes (Liverpool) [1967] 2 All ER 850.

In this CPDcast, Clifford Darton from Ely Place Chambers explains the development of the law on misrepresentation and the significance for commercial practitioners today. He discusses how misrepresentation has been defined and the differentiation between claims under the common law and those brought under the Misrepresentation Act 1967. Clifford also explains how the existence of a fiduciary duty will affect a claim for misrepresentation.

Date Recorded 14th November 2013


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