Harriet Campbell
Harriet is a senior knowledge lawyer within the commercial dispute resolution team. She has experience in a broad range of complex commercial litigation, and supports and promotes the work of the team through knowledge development.
Harriet has written extensively on legal developments and contributes regularly to a range of publications.
Practice Area
Panels
- Case Analysis Panel
- Contributing Author
Experience
- Stephenson Harwood LLP (2019 - 2023)
Education
- Durham University, BA (Hons) Music, French, Italian (1993-1997)
- The College of Law, Post-graduate Diploma in Law and Legal Practice Course (1999-2001)
3 Contributions by Harriet Campbell
PRACTICE NOTES
Actionable misrepresentation: when fact, opinion, intention, conduct or silence amounts to a representation—express and implied forms, third‑party adoption, continuing effect, materiality, context and settlement considerations
This Practice Note examines the need for a false statement of fact to ground an actionable misrepresentation. For the other essential components of a misrepresentation claim, see the following Practice Notes:
Misrepresentation—what is inducement?
Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)
For guidance on the closely related cause of action in deceit, see Practice Note: The tort of deceit.
Key elements of an actionable misrepresentation
the representee relied upon a factual assertion made to them by the representor or someone acting on their behalf
the representor intended that statement to encourage the representee to enter the contract
the statement did in fact induce the representee to contract
the statement had the status of a representation
the representation was untrue
Where damages are sought (whether in addition to, or instead of, rescission), the representee must also show that the misrepresentation caused their loss (see Practice Note: Misrepresentation—damages as a remedy).
For a concise overview of the various facets of when an actionable representation arises, see Jacobs J at paras [132]–[143] in Vald Nielsen v Baldorino...
Dispute Resolution
PRACTICE NOTES
Group litigation in England and Wales: choosing and managing joint, sample and GLO proceedings, representative actions and Financial List test cases—requirements, opt-in/opt-out, advantages, costs
More than one claimant can feature in a civil action, for instance where a defendant’s supposed misconduct has caused loss to several claimants in the same or a comparable manner. At times, the damage experienced by a single claimant is too limited to make the case economically worthwhile. Yet, when pursued by a cohort of claimants, it may become feasible because of the efficiencies that approach delivers. Where claims stem from the same or similar facts, or have produced the same or similar loss for multiple parties, it may likewise be prudent for the court to manage them collectively. Group claims (sometimes called class actions or multi-party claims) can be brought before the English courts using a number of procedural mechanisms. This Practice Note briefly sets out the criteria for each mechanism, and the guidance on suitability found in case law. It also weighs the advantages and disadvantages of each approach and gives practical guidance on handling such claims. For guidance concerning litigation against multiple defendants and/or multiple tortfeasors more generally, see Practice Notes: Bringing a civil claim against multiple defendants—considerations for the claimant and defendants and Multiple tortfeasors—liability issues. This Practice Note should be read in conjunction with the...
Dispute Resolution
PRACTICE NOTES
Group litigation in England and Wales: comparison of joint claims, GLOs and CPR 19 representative actions
This Practice Note
It sets out a high-level comparison of the alternative procedural mechanisms available to claimants bringing civil group claims in England and Wales, outlining the principal routes.
adding multiple parties to a single claim form;
pursuing a sample or chosen set of lead claims;
applying for the claims to be managed through a group litigation order (GLO) under CPR 19; or
proceeding by way of a representative claim pursuant to CPR 19 where the individuals share the ‘same interest’ in a claim.
It goes on to examine the principal distinctions between issuing one claim form for many parties (a ‘joint claim’) and managing multi-party litigation under a GLO under CPR 19...
Dispute Resolution
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