Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Non-disclosure definition

What does Non-disclosure mean? In insurance practice, non-disclosure is the insured’s failure to share a material fact before inception, renewal or variation that would have influenced the insurer’s assessment of the risk, the policy terms or the premium. The expression is descriptive rather than a defined term; the applicable duties and remedies arise from legislation and case law. In England & Wales, Scotland and Northern Ireland, consumer insurance is governed by the Consumer Insurance (Disclosure and Representations) Act 2012: there is no general duty to volunteer information; the consumer must take reasonable care not to misrepresent when answering the insurer’s questions. For...

Property misrepresentation, misstatement and non-disclosure: liabilities for enquiries, remedies, exclusion clauses and disclosure duties under SCPC/SCS, UCTA 1977 and the Misrepresentation Act 1967 — England and Wales

Published by a LexisNexis Property Disputes expert

Practice notes

This Practice Note examines misrepresentation, misstatement and non-disclosure in property transactions. It outlines:

a seller’s potential liability for answers provided to pre-contract enquiries;
the buyer’s possible remedies for non-disclosure, misrepresentation and misstatement; and
contractual provisions that may protect the seller if a claim is made.

What is misrepresentation?

In this context, a misrepresentation is a false statement of fact by one party to another that is not a term of the contract but persuades the other to enter into it. For liability to arise, the statement must be material and actually relied upon by the other party.

If a seller gives an untrue answer in replies to enquiries (or elsewhere), the buyer relies on it when deciding whether to enter into the contract and then suffers loss by entering the contract, the seller will be liable for misrepresentation. It is unnecessary to prove the misrepresentation was the only matter relied upon; liability may arise even where the misinformation formed just part of the overall information considered by the buyer...

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Web page updated on 21/05/2026

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