Court: Privy Council (from the Court of Appeal
for Bermuda)
Subject: Fraudulent misrepresentation, requirement
of awareness, measure of damages in respect of mismanaged
discretionary investments, the double-actionability rule, doctrine
of renvoi
Judges: Lord Hodge, Lord Briggs, Lord Leggatt,
Lord Richards, Lady Simler
Summary
In a landmark judgment, the Board overturned a controversial
line of English authority by finding that it is not a
legal requirement in a claim for deceit that the claimant was aware
of or understood the defendant to have made the representation of
fact or law which was false. This has far-reaching implications and
is likely to lead to an increase in civil fraud claims involving
implied representations of honesty and in contractual
arrangements.
