When misrepresentation and negligence may be successfully defended by financial institutions: The Titan case

Anna Lefcovitch is currently a solicitor with EC Harris LLP, England. The views expressed in this article are those of the authors, and in no way may be attributed to the institutions to which they belong. The authors may be contacted on anna.lefcovitch@ntlworld.com.

Introduction

The provisions of the Misrepresentation Act 1967 and the Unfair Contract Terms Act 1977 are often misconceived by the business community. Over the years the English courts have dealt with a number of cases and rendered judgments pointing out the circumstances in which a defendant may successfully enter restrictions by disclaimers as to the liability that may arise under these Acts. These judgments, when catalogued, should offer the business communities and the community of practitioners certain identifiable guidelines as to the circumstances in which a claimant may not rely on the relevant provisions of these two Acts.