||All England Reporter
|| All ER (D) 70 (Apr)
|| EWCA Civ 386
||Court of Appeal, Civil Division
Chadwick, Moore-Bick LJJ and Lawrence Collins J
||David Railton QC and Shantanu Majumdar (instructed by Nelsons, Leicester) for the claimants.
||Christopher Pymont QC and Jonathan Russen (instructed by Reed Smith Rambaud Charot LLP) for the bank.
||6 April 2006
Misrepresentation - Negligent misrepresentation - Bank - Investment product - Nature of product different from explanation given by bank to claimants - Whether misrepresentation corrected by express terms of contract to which claimant put his signature - , s 2(1).
The claimants could not succeed in showing that there had been negligent misrepresentation on the part of the defendant bank where the true position had appeared clearly from the terms of the very contract which the claimant said it had been induced to enter by the misrepresentation.
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