Arizona Antelope Canyon

Topic: Misselling and misrepresentation

 Subscribe to Misselling and misrepresentation

What does my organization need to watch out for with ChatGPT?

May 12, 2023

Our Information governance, privacy and cybersecurity team have written an article discussing the rise of ChatGPT.

Banking Litigation Trends

February 01, 2023

Our Banking Litigation Trends publication summarising the trends we saw in 2022, and the key risks we anticipate banks and financial institutions may face in 2023.

Liability for misleading or untrue statements: ACL Netherlands BV v Lynch

November 03, 2022

In an historic first, the High Court has delivered a judgment on liability arising from a breach of s 90A and schedule 10A, Financial Services and Markets Act 2000, in the case of ACL Netherlands BV & Ors v Lynch & Anor [2022] EWHC 1178 (Ch).

Recent Court of Appeal guidance on damages for breach of warranty and deceit

October 14, 2022

In the context of a share sale, the Court of Appeal in MDW Holdings Ltd v Norvill & Ors [2022] EWCA Civ 883 confirmed that a defendant cannot usually reduce its liability for breach of warranty by showing that contingencies or risks at the time of the transaction did not in fact occur.

Latest trends in English banking litigation: Duration and resolution of claims

May 09, 2022

The latest post in our series covers the recent trends in the duration and resolution of English banking litigation, including an analysis of whether fraud cases are more or less likely to settle

Group action dismissed: Barrister owed no duty of care to investors in film finance schemes

April 01, 2022

In McClean and others v Andrew Thornhill QC [2019] EWCH 3514 (ch), the High Court dismissed a £40m claim brought by investors in film finance tax schemes. Zacaroli J held that Andrew Thornhill QC owed no duty of care to investors and his advice in relation to the schemes was not negligent. The judgment includes helpful guidance on the duty of care owed by professional advisers and the application of both limitation periods. The case will be of particular interest to professional indemnity insurers, litigation funders and parties in various other film finance claims.

Latest trends in English banking litigation

October 05, 2021

Our latest analysis of trends in banking litigation shows a continued increase in disputes involving fraud, driven by new capital markets and cross-border structures.

Group litigation claimants must disclose investment history

September 10, 2020

In the Ingenious film partnerships group litigation, the High Court ruled that the claimants should provide extended disclosure in relation to their investment history, as this may be relevant to: (i) their risk appetite and financial sophistication, which may in turn inform the scope of the defendants’ duty of care in providing advice; and (ii) causation of any loss as a result of alleged fraudulent and negligent representations regarding the Ingenious structure.