*Taberna Europe CDO II plc v Selskabet AF1. (in bankruptcy)

Misrepresentation – Exclusion of liability for misrepresentation. The claimant sought damages for the defendant's misrepresentations, under s 2(1) of the Misrepresentation Act 1967. The Commercial Court, in allowing the claim, held that the fact that consideration for subordinated notes had been paid by the claimant to a third party, not the defendant, had not taken the case outside s 2(1) of the Act and, in principle, the defendant could rely on a defence of contributory negligence. In the circumstances, one false misrepresentation had been made by the defendant and relied upon by the claimant, but the submissions on contributory negligence were rejected.

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