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Misrepresentation and Litigation

Data Law Limited


£90 inc VAT
Or £30.00/mo. for 3 months...
Study method
Online, self-paced
1 hour
No formal qualification
Additional info
  • Tutor is available to students

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Learning Outcomes

  • On completion of this course you will have a greater understanding of conflicting authorities on the entire agreement clause and will feel more confident when handling such matters.

What is the target audience?

  • This course is suitable for claimant and defendant litigators and commercial practitioners of all levels including fee earners, trainees and qualified solicitors


During this 60-minute session barrister Helen Swaffield on Contract Law Chambers will set out the recent conflicting authorities on the entire agreement clause.

Ideal for litigators claiming or defending a cause of action in misrepresentation, as well as commercial practitioners seeking to expressly include or avoid the cause of action in their drafting, this session will cover the following:

• Innocent and negligent misrepresentation- what is the difference?
• The parallel cause of action in misstatement (the tortious equivalent)
• Rescission, partial rescission or damages in lieu- how much in practice?
• Beating the entire agreement clause after Al-Hawasi v Nottingham Forest Football Club [2018]
• The application of UCTA after First Tower Trustees Ltd v CDS (Superstores International) Limited [2018]
• Fraudulent misrepresentation – recklessness and causation redefined in BV Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises Inc [2018]
• Drafting formulae that work to protect the representor defendant
• Drafting formulae that can be overcome to enable a claim by the representee
• Section 50 Consumer Rights Act 2015- the B2C context- screen shots and social media
• Unfair Commercial Practices- another possibility?
• “Stretching” misrepresentation after signature- traps to avoid
• Warrants and represents- the post Breslin position in Sale and Purchase Agreement claims

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Study method describes the format in which the course will be delivered. At courses are delivered in a number of ways, including online courses, where the course content can be accessed online remotely, and classroom courses, where courses are delivered in person at a classroom venue.

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What is a ‘regulated qualification’?

A regulated qualification is delivered by a learning institution which is regulated by a government body. In England, the government body which regulates courses is Ofqual. Ofqual regulated qualifications sit on the Regulated Qualifications Framework (RQF), which can help students understand how different qualifications in different fields compare to each other. The framework also helps students to understand what qualifications they need to progress towards a higher learning goal, such as a university degree or equivalent higher education award.

What is an ‘endorsed’ course?

An endorsed course is a skills based course which has been checked over and approved by an independent awarding body. Endorsed courses are not regulated so do not result in a qualification - however, the student can usually purchase a certificate showing the awarding body’s logo if they wish. Certain awarding bodies - such as Quality Licence Scheme and TQUK - have developed endorsement schemes as a way to help students select the best skills based courses for them.