Source: All England Reporter
Publisher Citation: [2003] All ER (D) 48 (Nov)
Court: Queen's Bench Division
Judge:

Judge Hawkesworth QC sitting as a judge of the High Court
Representation Khawar Qureshi (instructed by Kosky Seal, Harrow) for the claimants.
  Sam Wordsworth (instructed by Denton Wilde Sapte) for the defendants.
Judgment Dates: 5 November 2003

Catchwords

Contracts - Rescission - Misrepresentation - Fraudulent misrepresentation - Defendants entering into agreements to pay commission - Defendants discovering part of commission not received by intended recipient - Defendants purporting to rescind contract - Claimants suing for unpaid commission - Liability.

The Case

On the evidence, the defendants had established fraudulent misrepresentation on the part of J, who had negotiated agreements whereby commission was paid to a number of parties in return for their assistance in procuring licences enabling the defendants to fish in the Falkland Islands' territorial waters, and accordingly, the defendants had been entitled to rescind those contracts.

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