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Practical implications This judgment reinforces the established approach in the authorities for identifying when a duty of care can arise in cases of negligent misstatement. It emphasises the need to show a special relationship between the author of the statement and the person relying upon it, captured by the assumption of responsibility test. If such a relationship is absent, the analysis must then address whether loss was foreseeable, the closeness of the parties’ relationship, and, ultimately, whether imposing a duty would be fair, just and reasonable in the circumstances. The authorities in Hedley Byrne, Caparo and Customs and Excise Commissioner were each approved. For further guidance on negligent misstatement, see Practice Notes: Negligent misstatement—founding a claim Negligent misstatement—defences and remedies How did the negligent misstatement issues arise in this case? The club engaged Burlington to obtain references for potential players at the club. Burlington’s involvement was to preserve confidentiality for customers who wished to keep their gaming activities private. Mr Barakat...