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

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

B made repeated, knowing, and fraudulent misrepresentations to A regarding Y's paternity, intending A to rely on them, which he did to his financial and emotional detriment. English law recognises a cause of action in deceit in such domestic contexts, but public policy precludes recovery of damages for the costs of raising a child. General damages for distress and special damages for certain expenditures are recoverable where directly referable to the deceit.

Citation
[2007] EWHC 1246
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, Public Policy
Tort Law Family Law Deceit Fraudulent Misrepresentation Paternity Fraud Damages Cohabitation Public Policy

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 B fraudulently misrepresented to A that he was the biological father of Y
  2. 2 Whether A relied on B's representations to his detriment
  3. 3 Whether damages are recoverable for paternity fraud in English law

Ratio Decidendi

B made repeated, knowing, and fraudulent misrepresentations to A regarding Y's paternity, intending A to rely on them, which he did to his financial and emotional detriment. English law recognises a cause of action in deceit in such domestic contexts, but public policy precludes recovery of damages for the costs of raising a child. General damages for distress and special damages for certain expenditures are recoverable where directly referable to the deceit.

Court Disposition

Judgment for the claimant

Orders

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