Misrepresentation and Litigation

Misrepresentation and Litigation - A Drafting Checklist

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Course Overview

During this 60-minute session barrister Helen Swaffield on Contract Law Chambers will set out the recent conflicting authorities on the entire agreement clause.

Ideal for litigators claiming or defending a cause of action in misrepresentation, as well as commercial practitioners seeking to expressly include or avoid the cause of action in their drafting, this session will cover the following:

•  Innocent and negligent misrepresentation- what is the difference?
•  The parallel cause of action in misstatement (the tortious equivalent)
•  Rescission, partial rescission or damages in lieu- how much in practice?
•  Beating the entire agreement clause after Al-Hawasi v Nottingham Forest Football Club [2018]
•  The application of UCTA after First Tower Trustees Ltd v CDS (Superstores International) Limited [2018]
•  Fraudulent misrepresentation – recklessness and causation redefined in BV Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises Inc [2018]
•  Drafting formulae that work to protect the representor defendant
•  Drafting formulae that can be overcome to enable a claim by the representee
•  Section 50 Consumer Rights Act 2015- the B2C context- screen shots and social media
•  Unfair Commercial Practices- another possibility?
•  “Stretching” misrepresentation after signature- traps to avoid
•  Warrants and represents- the post Breslin position in Sale and Purchase Agreement claims

What are the requirements?

  • Watch the recorded webinar, review the supporting documentation and complete the short quiz to test your legal knowledge
  • This course provides 1 CPD point

Learning Outcomes

  • On completion of this course you will have a greater understanding of conflicting authorities on the entire agreement clause and will feel more confident when handling such matters.

What is the target audience?

  • This course is suitable for claimant and defendant litigators and commercial practitioners of all levels including fee earners, trainees and qualified solicitors


About Instructor - Helen Swaffield

Helen was formerly a member of St Ives Chambers in Birmingham where she had a commercial chancery and insolvency practice. In August 2017 Helen established and now heads her own chambers: Contract Law Chambers & Advocates. Her expanding client base is serviced through offices in Chancery Lane, Bristol and Manchester.

In addition to being the former editor of the Procurement and Outsourcing Journal and the Commercial Litigation Journal published by Legalease, Helen is a well-renowned lecturer and trainer who develops bespoke training programmes for legal and business clients in the UK and internationally. 

Course Curriculum

Recorded Webinars

  • Webinar

Supporting Documentation

  • Slides
    43 Page


  • Quiz