Document title: Particulars of claim: misrepresentation.
IN THE HIGH COURT OF Claim No. [NUMBER]
JUSTICE
IN THE BUSINESS AND
PROPERTY COURTS OF
[ENGLAND AND WALES OR
REGION]
COMMERCIAL COURT (KBD)
BETWEEN:
[FULL NAME OF (Claimant)
CLAIMANT]
and
[FULL NAME OF (Defendant)
DEFENDANT]
------------------------------------
PARTICULARS OF CLAIM
------------------------------------
Parties
1. The Claimant [is and] was at all material times [SET OUT ANY RELEVANT DETAILS OF
AND BACKGROUND TO THE CLAIMANT, FOR EXAMPLE, IF MATERIAL, STATE
THAT THE CLAIMANT HAS A BUSINESS OR IS A COMPANY OR OTHER LEGAL
ENTITY AND SET OUT THE NATURE OF THE CLAIMANT'S BUSINESS].
2. The Defendant was at all material times [SET OUT ANY RELEVANT DETAILS OF AND
BACKGROUND TO THE DEFENDANT AND ITS BUSINESS AND INTRODUCE ANY
OTHER RELEVANT INDIVIDUALS OR ENTITIES INVOLVED WITH THE DEFENDANT,
FOR EXAMPLE:] [At all material times the Defendant acted through [IDENTIFY ANY
RELEVANT EMPLOYEE OR AGENT WHO ACTED ON BEHALF OF THE
DEFENDANT].]
The representation
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3. On [DATE] the Defendant [SET OUT FULL DETAILS OF THE REPRESENTATION(S)
USING THE EXACT WORDS, WHERE KNOWN, AND SPECIFY HOW IT WAS MADE;
WHETHER ORAL, IN WRITING, OR IMPLIED BY CONDUCT; BY WHOM AND TO
WHOM IT WAS MADE; AND, IF MATERIAL, WHEN, WHERE, AND HOW IT WAS
MADE] [in order to induce OR with the intention of inducing the Claimant to enter into a
contract with the Defendant].
The contract
4. [In reliance on] [and] [induced by] this representation, the Claimant entered into a
[contract OR agreement] [SPECIFY WHETHER ORAL OR IN WRITING AND, IF ORAL,
BETWEEN WHOM IT WAS MADE AND WHEN, WHERE AND HOW] with the Defendant
on [DATE] for the [SET OUT SUMMARY OF THE SUBJECT MATTER OF CONTRACT],
the Defendant agreed [SET OUT THE PROMISE] to the Claimant and the Claimant
agreed [SET OUT THE PROMISE] at a price of [SPECIFY THE CONSIDERATION].
[Term of contract]
5. [The representation set out at paragraph 3 above was an [express OR implied] term of
the contract.]
[Performance of the contract]
6. [Pursuant to the contract, on [DATE] the Claimant paid the Defendant the amount of £
[CONTRACT PRICE].]
Misrepresentation [and breach of contract]
7. The representation was false [and the Defendant was in breach of contract] in that [SET
OUT FULL DETAILS OF THE FALSITY OF THE REPRESENTATION OR THE TRUE
FACTS HERE OR IN THE PARTICULARS (OR BOTH)].
PARTICULARS
7.1 [SET OUT DETAILS IN FULL.]
[Deceit]
8. [The Defendant made the representation fraudulently in that the Defendant knew it was
false, or did not believe it to be true, or was reckless, not caring whether it was true or
false. In particular:
PARTICULARS OF FRAUD
8.1 [SET OUT PARTICULARS OF THE FRAUD IN FULL.]]
[Rescission]
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9. [As soon as the Claimant discovered the true facts, the Claimant rescinded the contract
on [DATE] by [SET OUT HOW RESCISSION WAS MADE].]
10. [[As a consequence of rescission OR In the premises], the Claimant is entitled to the
return of [CONTRACT PRICE].]
Loss and damage
11. As a result of the [Defendant's misrepresentation OR matters set out above], the
Claimant has suffered loss and damage:
PARTICULARS OF LOSS
11.1 [SET OUT PARTICULARS OF LOSS AND DAMAGE IN FULL.]
Claim for interest
12. [Further, the Claimant claims interest under [the equitable jurisdiction of the court OR
section 35A of the Senior Courts Act 1981] on £[CONTRACT PRICE] at the rate of
[PERCENTAGE]% from [DATE PAYMENT DUE UNDER CONTRACT] to the date of
issue of this claim [DATE] amounting to £[AMOUNT OF INTEREST] and continuing at
the rate of £[AMOUNT] per day until judgment or earlier payment; alternatively at such
rate and for such period as the court thinks fit.]
[Further[ or alternatively], the Claimant claims contractual interest on such sums found
due to it at the rate of [PERCENTAGE]% [or alternatively the statutory interest under
section 35A of the Senior Courts Act 1981.]
13. [STATE WHETHER THE CLAIMANT HAS COMPLIED WITH PARAGRAPHS 3 TO 12
OF THE PRACTICE DIRECTION ON PRE-ACTION CONDUCT AND PROTOCOLS, OR
ANY RELEVANT PROTOCOL. STATE ALSO ANY RELEVANT DETAILS ABOUT THE
DEFENDANT'S COMPLIANCE.]
AND THE CLAIMANT CLAIMS:
(1) [Rescission of the contract.]
(2) [Return of the £[CONTRACT PRICE].]
(3) [[Equitable OR statutory] interest as set out at paragraph 12 above OR [REPEAT
FIRST EXAMPLE IN PARAGRAPH 12 IN FULL].]
(4) [Alternatively,] damages [for misrepresentation OR deceit] [and] [breach of contract].
(5) [Interest on those damages under section 35A of the Senior Courts Act 1981 to be
assessed. OR Contractual interest at the rate of [PERCENTAGE]% on those damages
[or alternatively the statutory interest under section 35A of the Senior Courts Act 1981].]
(6) [Further or other relief.]
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(7) Costs.
[SIGNATURE OF INDIVIDUAL WHO DRAFTED DOCUMENT]
[Served this [DAY] day of [MONTH AND YEAR] by [NAME AND ADDRESS OF SOLICITORS
FIRM], solicitors for the Claimant.]
Statement of truth
[I believe OR The Claimant believes] that the facts stated in these Particulars of Claim
are true. [I understand OR The Claimant understands] that proceedings for contempt of
court may be brought against anyone who makes, or causes to be made, a false
statement in a document verified by a statement of truth without an honest belief in its
truth. [I am duly authorised by the Claimant to sign this statement.]
Signed………………........................ Position or office held.............................................
.
Full name………............................... (If signing on behalf of firm, company or corporation)
Date…………………………….
[SCHEDULE 1]
