Pankhania v London Borough of Hackney [2002] EWHC 2441
Judgement for the case Pankhania v London Borough of Hackney
Table Of Contents
Plaintiffs successfully bid for a property under the representations by the auctioneers that the people who used the car parks at the front of the properties did not have a legal right to stay there, whereas in fact this was a wrong interpretation of law and they were protected, reducing the value of the houses.
The judge ruled that a misrepresentation of law could give rise to rescission.
Rex Tedd QC
(The judge) said that the old distinction between a misrepresentation of law which was not actionable and misrepresentation of fact had been abolished rightly by the HL, since where it was reasonable for Plaintiff to rely on Defendant’s statement of law, as here, there was little sense in denying Plaintiff restitution for simple lack of legal knowledge.
A misrepresentation of the law IS a misrepresentation of fact.
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