Fraudulent misrepresentation remains a potent and exacting cause of action. It carries a high threshold on dishonesty, a relatively generous approach to causation and inducement, and a remedial arsenal that tends to favour claimants once fraud is established. Recent authorities have refined the constituent elements and practical contours of the tort, while reinforcing the distinctive features that set fraud apart from negligent and innocent misrepresentation.
This article considers those developments, focusing on the elements of the tort, the standard of proof and the inference of dishonesty, causation and inducement, and the scope of remedies, with particular reference to Bell v Singh [2022] EWHC 3272 (Comm), Groen v Heath [2024] EWHC 1654, Takhar v Gracefield Developments Ltd [2024] EWHC 1714 (Ch) and [2020] A.C. 450, BV Nederlandse Industrie van Eiprodukten v Rembrandt Enterprises Inc [2018] EWHC 1857 (Comm), and Man Nutzfahrzeuge AG v Freightliner Ltd[2005] EWHC 2347 (Comm).
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