Foster and another v Action Aviation Ltd (A Company Incorporated Under the Laws of England and Wales) and others

Misrepresentation – Negligent representation. The claimants brought proceedings against the defendants seeking damages for misrepresentation in relation to the purchase of an aircraft. The Commercial Court held that the representation was negligent, but not fraudulent, and that the chairman of Action Aviation, H, was not personally liable. The Court of Appeal, Civil Division, in dismissing the claimants' appeal, held that there was no basis upon which it could be said that there had been no evidence to support the judge's conclusion, and that H could not be held personally liable for the negligent representation made on behalf of the seller of the aircraft.