SECTION 2(2) OF THE MISREPRESENTATION ACT 1967 AGAIN

Government of Zanzibar v British Aerospace (Lancaster House) Ltd ([2000] 1 WLR 2333)

In our July 2000 issue, pp8–9, we discussed the case of Floods of Queensferry v Shand Construction Ltd [2000] BLR 81 in which HH Judge Humphrey LLoyd QC held that damages under s2(2) of the Misrepresentation Act 1967 were awarded ‘in lieu of rescission’ so that a party who had lost the right to rescind could not claim damages under s2(2). The same conclusion has also been reached by HH Judge Raymond Jack QC in Government of Zanzibar v British Aerospace (Lancaster House) Ltd [2000] 1 WLR 2333. It would therefore appear that the contrary conclusion of Mr Justice Jacob in Thomas Witter Ltd v TBP Industries Ltd [1996] 2 All ER 573 is no longer good law.