Abdel-Khalek v Ali [2016] EWCA Civ 80 (10 February 2016)

Abdel-Khalek v Ali [2016] EWCA Civ 80 (10 February 2016)

The appeal was dismissed because the Claimant failed to prove on the balance of probabilities that any negligent misstatement by the Defendant caused the withdrawal of the job offer. The critical factor was the impression that the complication rate was higher than expected, and the Claimant did not demonstrate that this impression was a misstatement.

Citation
[2016] EWCA Civ 80
Parties
Appellant/claimant: Mohammed Abdel-Khalek; Respondent/defendant: Qazi Ali
Jurisdiction
England and Wales
Judgment Date
10 February 2016
Procedural Posture
Civil Appeal / Appeal From Leeds County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Negligent Misstatement, Duty of Care, Causation, References in Employment
Tort Law Employment Law Negligent Misstatement Duty of Care Causation References in Employment

Case Brief

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Parties

Mohammed Abdel-Khalek

Appellant/claimant

Qazi Ali

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Leeds County Court Judgment

Legal Issues

  1. 1 Whether negligent misstatements were made by the Defendant
  2. 2 Whether such misstatements were made negligently
  3. 3 Whether any negligent misstatement caused the withdrawal of the job offer

Ratio Decidendi

The appeal was dismissed because the Claimant failed to prove on the balance of probabilities that any negligent misstatement by the Defendant caused the withdrawal of the job offer. The critical factor was the impression that the complication rate was higher than expected, and the Claimant did not demonstrate that this impression was a misstatement.

Court Disposition

Appeal dismissed

Orders

  • Claim dismissed
  • No order as to costs specified