Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)


Produced in partnership with Sophie Newman of Penningtons Manches Cooper
Practice notes

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)


Produced in partnership with Sophie Newman of Penningtons Manches Cooper

Practice notes
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A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.

Having established the falsity of a statement, however, the next question is whether that false statement was made fraudulently or innocently. If the false statement was made innocently, then there is yet a further question to consider, namely whether there was any negligence involved in the innocent making of the false statement.

This Practice Note considers the requirement for falsity in a misrepresentation claim and discusses the distinctions and reasons for pleading fraudulent misrepresentation rather than negligent or innocent misrepresentation, with reference to the Misrepresentation Act 1967 (MA 1967). It also sets out a number of pointers for assessing a misrepresentation claim.

For guidance generally on misrepresentation claims, including what they are (and are not) and the key constituent elements for bringing a claim for actionable misrepresentation, see Practice Note: Misrepresentation—what it is and similar claims.

For related Practice Notes on remedies of damages and rescission in misrepresentation claims, see Practice Notes:

Sophie Newman
Sophie Newman

Solicitor, Penningtons Manches Cooper

Sophie is an associate in the commercial dispute resolution team at Penningtons Manches Cooper LLP. She assists with a broad range of commercial disputes, acting for both private individuals and corporate clients. Her practice covers a diverse range of areas, including advising on commercial contract, shareholder and banking disputes, regulatory compliance, debt recovery and professional negligence claims. 

Sophie has been involved in UK and cross-border litigation and arbitration, has experience of taking claims through the County Court and the High Court, and was part of the team that acted for the Consumers’ Association in the seminal Supreme Court case of Phillip v Barclays. She is also recognised by The Legal 500 as a key lawyer in PMC’s professional negligence team. 

Sophie graduated from the University of Cambridge with a BA in Human, Social and Political Sciences in 2016, following which she worked as a major gifts fundraiser for both Cambridge and Oxford Universities. Between 2019 and 2021 she undertook the GDL and LPC, achieving a distinction in both. 

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Misrepresentation definition
What does Misrepresentation mean?

A misrepresentation is a pre-contractual false statement of fact or law made by one party to a contract (or his agent) to the other that induced that party to enter into the contract.

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