A v B

A v B

The defendant made repeated fraudulent representations to the claimant regarding 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 elements of deceit are satisfied. However, damages for the costs of raising the child are not recoverable as a matter of public policy and precedent. General damages for distress and special damages for certain expenditures are recoverable.

Parties
Claimant: A; Defendant: B
Jurisdiction
England and Wales
Judgment Date
03 April 2007
Procedural Posture
Civil / Judgment After Full Trial
Outcome
Judgment for the claimant
Legal Topics
Deceit, Fraud, Paternity Fraud, Damages, Cohabitation, Parental Responsibility
Tort Family Law Deceit Fraud Paternity Fraud Damages Cohabitation Parental Responsibility

Case Brief

Summary, issues, holding and outcome

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Parties

A

Claimant

B

Defendant

Procedural Posture

Civil / Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendant fraudulently misrepresented the paternity of a child to the claimant
  2. 2 Whether the claimant is entitled to damages for deceit arising from paternity fraud
  3. 3 Whether damages for expenditure on the child and general distress are recoverable in tort

Ratio Decidendi

The defendant made repeated fraudulent representations to the claimant regarding 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 elements of deceit are satisfied. However, damages for the costs of raising the child are not recoverable as a matter of public policy and precedent. General damages for distress and special damages for certain expenditures are recoverable.

Court Disposition

Judgment for the claimant

Orders

  • The defendant shall pay the claimant £7,500 in general damages for distress.
  • The defendant shall pay the claimant £14,900 in special damages for certain expenditures.