04 February 2009

"A man cannot be deceived if he knows the truth."

Said Lord Justice Ward in the recent case, Sprecher Grier Halberstam Llp & Anor v Walsh [2008] EWCA Civ 1324.

(Followers of Guido Fawkes' blog may find the case of interest).

It was also explained in the case that,

"The requirements for a valid claim in deceit

10 Taking it from the 19th edition of Clerk and Lindsell on Torts at 18-01:

"Where a defendant makes a false representation, knowing it to be untrue, or being reckless as to whether it is true, and intends that the claimant should act in reliance on it, then in so far as the latter does so and suffers loss the defendant is liable for that loss."

Which leads to the following case, "Cheltenham director Christine Laird sued for 'lying about illness'".

"... in her pre-employment questionnaire she had replied “no” when asked: “Do you see yourself as disabled?” Asked whether she enjoyed good health, she had replied, “yes.”

The council said that she had failed to disclose three bouts of moderate depressive illness since May 1997 and had taken time off work. “As a result, the council was wrongly advised that she was medically fit for the job and it proceeded to implement its decision - reached by a narrow 18 to 17 majority - to employ her,” Tim Kerr, QC, told Mr Justice Hamblen. “In consequence, the authority sustained loss and damage of just over £982,000.”

The hearing continues.

Will be interesting to hear the results of the case.

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