Jurisdiction(s):
United Kingdom

Key definition

Negligent misstatement definition

What does Negligent misstatement mean? A negligent misstatement is a carelessly inaccurate statement or advice that another person reasonably relies on and suffers loss as a result, typically pure economic loss. Liability turns on whether a duty of care arose when the statement was made. The concept is defined by case law (not legislation), with Hedley Byrne v Heller [1964] AC 465 establishing that a duty may arise where there is an assumption of responsibility or “special relationship”, reasonable reliance is foreseeable, and loss is caused. It commonly arises in professional contexts (for example, reports or advice by surveyors, accountants, bankers or solicitors), employment or...

Precedent: CPR-compliant pre-action letter of claim for negligent bank misstatement on a third party’s financial standing (England and Wales)

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Precedents

[ ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS ]

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

FAO [ RELEVANT NAME ]

[ NAME OF PROPOSED Defendant’S SOLICITORS, IF ANY ]
[ ADDRESS LINE 1 ]
[ ADDRESS LINE 2 ]
[ POSTCODE ]
[ DATE ]

Dear [ insert name ]

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

[ [ Further to our correspondence dated [ insert date of previous correspondence, if any ] ] . ]

[ As you are aware, we OR We ] represent [ insert client’s full name ], whose address is [ insert full address ]. This document is our client’s letter of claim issued in line with the Practice Direction – Pre-action Conduct and Protocols of the Civil Procedure Rules (the Practice Direction), and for ease of reference we enclose a copy.

Please review the final section of this letter, which specifies when your reply must be received and the implications of failing to provide an adequate response within that timeframe.

[ Your client should inform their insurer of this claim immediately. ]...

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Lynne Counsell

Addington Chambers

Lynne has been in traditional Chancery practice for some thirty years, specialising in probate matters, construction of wills and trusts and also financial services and drafting.Lynne was for some years counsel for Tower Hamlets, representing them on landlord and tenant cases and counsel for Bedford Building Society representing it on mortgage cases.Lynne has written or updated over fifty books, including writing the initial volume of Atkin’s Court Forms “Financial Services” and updating Halsbury’s Laws on Injunctions. Lynne was also co-author of two editions of “Insider Trading” and co-editor and one of the writers of “Chancery Practice and Procedure.”Articles include “Marketing of Investments” for the Law Society Gazette and “The Doctrine of Mutual Wills” for the Trust Quarterly Review. Lynne won one of the few cases on mutual wills in the last fifty years – Charles v Fraser (2010).Lynne has drafted the standard unit trust for the...

Web page updated on 22/05/2026

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