A v B [2007] EWHC 1246 (QB) (03 April 2007)

A v B [2007] EWHC 1246 (QB) (03 April 2007)

The defendant made repeated fraudulent misrepresentations as to the paternity of Y, knowing them to be false, intending the claimant to rely on them, and the claimant did so to his detriment. The tort of deceit applies in this domestic context. General damages for distress are recoverable, but special damages for the costs of raising the child are not, as a matter of public policy.

Citation
[2007] EWHC 1246 (QB)
Parties
Claimant: A; Defendant: B
Jurisdiction
England and Wales
Judgment Date
03 April 2007
Procedural Posture
Tort (deceit/fraud) / High Court Trial, Final Judgment
Outcome
Judgment for the claimant
Legal Topics
Deceit, Fraudulent Misrepresentation, Paternity Fraud, Damages, Cohabitation
Tort Law Family Law Deceit Fraudulent Misrepresentation Paternity Fraud Damages Cohabitation

Case Brief

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Parties

A

Claimant

B

Defendant

Procedural Posture

Tort (deceit/fraud) / High Court Trial, Final Judgment

Legal Issues

  1. 1 Whether the defendant made fraudulent misrepresentations as to paternity to the claimant
  2. 2 Whether the claimant relied on those misrepresentations to his detriment
  3. 3 Whether damages are recoverable for paternity fraud in English law

Ratio Decidendi

The defendant made repeated fraudulent misrepresentations as to the paternity of Y, knowing them to be false, intending the claimant to rely on them, and the claimant did so to his detriment. The tort of deceit applies in this domestic context. General damages for distress are recoverable, but special damages for the costs of raising the child are not, as a matter of public policy.

Court Disposition

Judgment for the claimant

Orders

  • Defendant to pay claimant £7,500 in general damages for distress caused by deceit
  • Defendant to pay claimant £14,900 in special damages for holidays and restaurant meals (reduced by 50%)