Court of Appeal confirms mental element of deceit

The Court of Appeal has considered the mental element required for a successful claim in deceit, or fraudulent misrepresentation, finding that there is no separate or freestanding requirement of an “intention to deceive”: Eco 3 Capital and others v Ludsin Overseas Ltd [2013] EWCA Civ 413. Having reviewed the case law, the court confirmed that … Read more

UK Supreme Court confirms FSA not required to give cross-undertaking in damages

In a judgment handed down yesterday, the Supreme Court held that there is no general rule that an authority such as the FSA, seeking an injunction in the course of its public functions, should be required to give a cross-undertaking in damages in favour of third parties affected by the injunction, and that there were no particular … Read more