Jurisdiction(s):
United Kingdom

Key definition

Rescission definition

What does Rescission mean? Rescission is the unwinding of a contract or other transaction so the parties are restored, so far as possible, to their pre-contract position (restitutio in integrum). In practice it is a case law–based, equitable remedy used where consent was vitiated, typically by misrepresentation (fraudulent, negligent or innocent), common or mutual mistake, undue influence, duress, or breach of fiduciary duty. Some statutes create analogous cancellation rights (for example, certain consumer “cooling‑off” rights), but these are distinct. Key features: - Operates ab initio: the contract is set aside and benefits are returned. - May be effected by notice or, where necessary, by court order; the...

Precedent CPR-compliant pre-action letter of claim: fraudulent misrepresentation—rescission and damages (England and Wales)

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Precedents

[ To be printed on the claimant solicitors’ letterhead ]

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 ]

LETTER OF CLAIM

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

[ As you are aware, we ] act for [ insert client’s full name ], of [ insert full address ].

This correspondence serves as our client’s letter of claim, issued in line with the Practice Direction Pre-action Conduct and Protocols to the Civil Procedure Rules (the Practice Direction), and a copy is enclosed for your convenient reference.

Please review the closing section of this letter, which sets out the timeframe within which you must respond and the repercussions of any failure to provide a proper reply in that period.

[ 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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