High Court Considers The Requirement For "Awareness" In Implied Misrepresentation Claims

• Published date: 02 March 2022
• Subject Matter: Litigation, Mediation & Arbitration, Class Actions, Trials & Appeals & Compensation
• Law Firm: Herbert Smith Freehills
• Author: Herbert Smith Freehills

The High Court has refused an application to strike out or summarily dismiss a claim for fraudulent misrepresentation in the group litigation against Volkswagen arising from the well-known "Dieselgate" emissions scandal. The court held that conscious awareness of the alleged implied misrepresentation was not necessary for the claim to have a real prospect of success at trial: Crossley & Ors v Volkswagen Aktiengesellschaft & Ors [2021] EWHC 3444 (QB).

This contrasts with the recent line of authorities which have held that conscious awareness is a necessary part of a claimant's case, in the context of claims brought against banks for alleged implied misrepresentations...