Jurisdiction(s):
United Kingdom
Related legal acts
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...

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Precedent: CPR-compliant pre-action letter of claim for negligent misrepresentation (Misrepresentation Act 1967) – England and Wales

Precedents
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[ TO APPEAR ON THE Claimant’S SOLICITORS’ LETTERHEAD ]

Our ref: [ insert your file reference for this matter ]

FAO [ insert name of addressee ]

[ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ]

[ DATE ]

Dear [ insert name ]

RE [ PROSPECTIVE CLAIMANT’S NAME ] AND [ PROSPECTIVE Defendant’S NAME ]

LETTER OF CLAIM

[ We refer back to our letter dated [ insert date of previous correspondence, if any ] ].

[ As you will be aware, we OR We ] act for [ insert client’s full name ], whose postal address is [ insert full address ]. This document is our client’s letter of claim, issued in accordance with the Practice Direction Pre-Action Conduct and Protocols of the Civil Procedure Rules (the ‘Practice Direction’), a copy of which is enclosed for your convenience. Please pay particular attention to the closing section of this correspondence, which sets out the deadline for your reply and the consequences of failing to respond appropriately within that period. [ Your client should inform their insurer of this claim without delay ]...

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Web page updated on 22/05/2026

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