Legal & General Assurance Ltd v Kirk [2001] EWCA Civ 1803 (14 November 2001)

Legal & General Assurance Ltd v Kirk [2001] EWCA Civ 1803 (14 November 2001)

No cause of action for negligent misstatement arises where no reference is given to a third party and the alleged misstatement is not relied upon by the claimant; Article 1 of Protocol 1 ECHR is not engaged in the context of private employment rights absent a public authority or licence.

Citation
[2001] EWCA Civ 1803
Parties
Claimant/respondent: Legal & General Assurance Ltd; Defendant/applicant: Phillip Kirk
Jurisdiction
England and Wales
Judgment Date
14 November 2001
Procedural Posture
Civil Appeal / Appeal From Chancery Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Negligent Misstatement, Duty of Care, References for Former Employees, Human Rights, Article 1 Protocol 1 ECHR
Tort Law Employment Law Negligent Misstatement Duty of Care References for Former Employees Human Rights Article 1 Protocol 1 ECHR

Case Brief

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Parties

Legal & General Assurance Ltd

Claimant/respondent

Phillip Kirk

Defendant/applicant

Procedural Posture

Civil Appeal / Appeal From Chancery Division to Court of Appeal

Legal Issues

  1. 1 Whether a duty of care arises for negligent misstatement where no reference is given to a third party
  2. 2 Whether the assertion of an 'industry debt' by an employer to an ex-employee can found a claim for negligent misstatement
  3. 3 Whether Article 1 of Protocol 1 ECHR is engaged in the context of private employment rights

Ratio Decidendi

No cause of action for negligent misstatement arises where no reference is given to a third party and the alleged misstatement is not relied upon by the claimant; Article 1 of Protocol 1 ECHR is not engaged in the context of private employment rights absent a public authority or licence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order as minuted by counsel