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...
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