Deceit claims in England and Wales: standard of proof, detailed pleading and practical checklist, joint liability, distinctions from misrepresentation, limitation, and recoverability of prior action costs in civil fraud litigation
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Practice notes
This Practice Note examines:
- the evidential standard for a deceit claim
- how to plead a deceit claim, including the questions to put to the claimant when contemplating bringing such a claim
- pleading joint liability for deceit
- the distinction between a claim in deceit and one for misrepresentation, and why you might opt for one cause of action rather than the other
- whether you can plead the costs of an earlier failed action as damages for deceit
- the use of deceit claims within civil fraud proceedings
For guidance on the elements needed to establish a claim in deceit, see Practice Note: The tort of deceit—required elements.
Deceit claim—standard of proof required
The claimant bears the burden of proof in deceit. The applicable standard is the civil one, namely the balance of probabilities—so the court will find an event occurred if, on the evidence, it judges that its occurrence was more likely than not. Put simply, the judge determines the facts by asking whether the evidenced account is, on balance, the more probable version. As Jacobs J noted in Vald. Nielsen v Baldorino (para 149), there is no inherent logical link between the seriousness of the allegation and the likelihood of its...
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Web page updated on 21/05/2026
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