| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 258 (Feb) |
| Neutral Citation: | [2003] EWCA Civ 170 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Aldous, Kay and Rix LJJ |
| Representation | Mark Howard QC and Alex Haydon (instructed by Herbert Smith), and Alexandra Truesdale of Herbert Smith for the claimants. |
| Christopher Hancock QC and Philip Edey (instructed by Linklaters) for the defendant. | |
| Judgment Dates: | 19 February 2003 |
Catchwords
Misrepresentation - Fraudulent misrepresentation - Causation - Burden of proof to establish negative hypothetical case.
The Case
In the instant case, the burden had rested on the defendant to prove its negative hypothetical case. It was conceded by the defendant that it could not sustain that burden, and accordingly the appeal was dismissed.
Practice Areas
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