Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Fraudulent misrepresentation definition

What does Fraudulent misrepresentation mean? Fraudulent misrepresentation describes a false statement made to persuade someone to enter a contract, knowing it is false or without honestly believing it to be true, and intended to induce reliance. It covers deliberate lies and reckless representations, by words or conduct, that actually induce the other party to contract. Across England & Wales and Northern Ireland, the test is set by case law (notably Derry v Peek). The Misrepresentation Act 1967 operates alongside, but fraud remains a common-law tort (deceit). In Scotland, it is addressed as the delict of fraud. In Ireland, it is likewise a common-law deceit...

Civil Fraud in England and Wales: Causes of Action, Accessory Liability, Limitation and Proprietary Remedies; APP, BEC/ransomware and Cryptoassets

Published by a LexisNexis Dispute Resolution expert

Practice notes

Practice Note on civil fraud (commercial fraud)

This Practice Note outlines the principal causes of action you may wish to allege in a civil fraud claim, together with the relevant limitation periods. These include:

Fraudulent misrepresentation and deceit
Unjust enrichment
Breach of Fiduciary duty and Breach of trust
Conspiracy (lawful means and unlawful means)
Dishonest assistance
Knowing receipt
Inducing (procuring) breach of contract
Conversion

The Note also addresses equitable relief via constructive and resulting trusts (including following and tracing), sham transactions, hacked email scenarios—business email compromise (BEC) and ransomware—authorised push payment (APP) fraud, and a brief look at cryptocurrency-related fraud issues.

‘Illegality’ is not itself a standalone claim but may arise in civil disputes, notably as a defence—see Practice Note: Illegality in civil claims. For the standard of proof and the test for dishonesty, see Practice Note: Civil fraud—dishonesty and standard of proof, and for the specific pleading requirements, see Practice Note: Civil fraud—pleading fraud and dishonesty. Guidance on commencing a civil fraud action is available at: Considerations and next steps for victims of fraud—checklist, and Practice Notes: •...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...