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Part V Financial Wrongdoing and Private International Law, 17 Deceit

Zachary Douglas QC, Andrew Bodnar

From: Banks and Financial Crime: The International Law of Tainted Money (2nd Edition)

Edited By: William Blair, Richard Brent, Tom Grant

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 April 2024

Credit — Criminal proceedings — Insider dealing — Misuse of information — Money laundering — Market abuse

This chapter considers issues connected to deceit. For a claim in tort for deceit, the claimant must establish that, firstly, the defendant made a representation which was false, secondly, knowingly or recklessly and, thirdly, the claimant acted upon that representation. If the claim in deceit is established, the defendant is liable for all consequential loss flowing from the deceit regardless of whether the claimant was negligent in failing to discover the falsity of the representation. The chapter then looks at a real scenario of a case of deceitful behaviour. It also examines the relevant jurisdiction and applicable law, including cases where the defendant is domiciled in England, in another Member State, or in a non-Member State.

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