Advanced Statements Of Case

LPC Law Notes > Advanced Commercial Litigation Notes

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Advanced Commercial Litigation Advanced Statements of Case Misrepresentation & Negligent Misstatement Claims Misrepresentation Fraudulent, Negligent and Innocent Misrepresentation requires:

1. An untrue statement

2. Relied upon by the claimant

3. Which induced them to enter into a contract Negligent Misstatement Negligence Misstatement requires under Hedley Byrne v Heller:

1. An assumption of responsibility by the Defendant;

4. Foreseeability that loss could be caused;

5. Proximity between the parties; a

6. It is just, fair and reasonable to impose the duty (Caparo v Dickman).

It is just, fair and reasonable to impose a duty of care on accountants (ADT v Binder) Exam Structure

1. Identify the Cause of Action

2. State the Law

3. Apply to the facts

4. Conclude

Counterclaims Against the Claimant A defendant can counterclaim against the Claimant under CPR 20.4, this is usually contained in the same document as the defence (20 PD 6). This application can be made without the court's permission if it is filed with the defence; in all other circumstances the court's permission is required. Against a Third Party A defendant can counterclaim against a third party to the proceedings under CPR 20.5 as long as there is an existing counterclaim against the Claimant. The defendant must get the court's permission in order to make the counterclaim (CPR 20.5(1)).

Additional Claims Joining Third Parties Third parties can be joined by the defendant pursuant to CPR 20.7. This application can be made without the court's permission if it is filed with the defence; in all other circumstances the court's permission is required.

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