Jurisdiction(s):
United Kingdom

Key definition

Misrepresentation definition

What does Misrepresentation mean? Misrepresentation describes an untrue pre‑contract statement of existing fact or law made by one party (or its agent) to the other, which materially induces the other to enter the contract. It is primarily shaped by case law, with statutory modification in England and Wales by the Misrepresentation Act 1967 (with broadly equivalent legislation in Northern Ireland and Ireland). In Scotland, the concept sits within error and delict rather than the 1967 Act. Key features: - The statement must be factual or legal, not mere opinion or sales puff (unless dishonestly or carelessly made). Half‑truths, failure to correct a change of...

Inducement in misrepresentation: principles, 'but for' causation, fraud, implied representations, contributory negligence, machine processing, intention to induce, and practical guidance

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note examines the need for the representor to have both intended and in fact caused the representee, through their Misrepresentation, to enter into the contract. For guidance on the remaining core components of an actionable misrepresentation, refer to the following Practice Notes:

Misrepresentation—what statements can found a claim?
Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

The main elements of inducement in misrepresentation claims

The claimant must be able to demonstrate that the representation led them to enter into the contract...

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Charlie Shillito

Penningtons Manches Cooper

Charlie is has navigated claims through every level of the English & Welsh judicial system, from the county courts up to the Supreme Court. Charlie has a particular interest in banking disputes and professional negligence, especially APP fraud and Quincecare claims and negligence claims against solicitors. He also has extensive experience in shareholder and partnership disputes and disputes arising from distribution and licensing agreements.Charlie represented the Consumer’s Association t/a Which?, acting as an intervening party, in the seminal Supreme Court case of Philipp v Barclays. He is regularly approached for legal commentary on developments relating to APP fraud and has recently featured in Saga Magazine and MLEX. He is also a member of the Professional Negligence Lawyers Association.Recognised by the legal directories as a leader in his field, Charlie is ranked as a ‘Leading Associate’ in Commercial Litigation in The Legal 500, and a ‘Band 3’...

Web page updated on 21/05/2026

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