Hincks v Sense Network Ltd

Hincks v Sense Network Ltd

The Defendant did not owe a duty to investigate or guarantee the procedural fairness of antecedent investigations when preparing a reference, unless there were obvious errors or red flags. The reference provided was not misleading, negligent, or in bad faith, as it was based on a reasonable and objective review of the available material. The Claimant failed to establish that the reference was a negligent misstatement or that the Defendant acted in bad faith.

Parties
Claimant: Kevin Hincks; Defendant: Sense Network Ltd
Jurisdiction
England and Wales
Judgment Date
15 March 2018
Procedural Posture
Tort and Contract Claim / Judgment After Trial on Liability
Outcome
Claim dismissed. Judgment for the Defendant.
Legal Topics
Employer's Reference, Negligent Misstatement, Duty of Care, Good Faith, Procedural Fairness in Investigations
Employment Law Tort Law Contract Law Employer's Reference Negligent Misstatement Duty of Care Good Faith Procedural Fairness in Investigations

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Parties

Kevin Hincks

Claimant

Sense Network Ltd

Defendant

Procedural Posture

Tort and Contract Claim / Judgment After Trial on Liability

Legal Issues

  1. 1 What is the nature and extent of the duty of care owed by a reference writer to the subject of the reference?
  2. 2 Does the duty of care require the reference writer to consider the procedural fairness of antecedent investigations?
  3. 3 Was the reference provided by the Defendant negligent or in bad faith?

Ratio Decidendi

The Defendant did not owe a duty to investigate or guarantee the procedural fairness of antecedent investigations when preparing a reference, unless there were obvious errors or red flags. The reference provided was not misleading, negligent, or in bad faith, as it was based on a reasonable and objective review of the available material. The Claimant failed to establish that the reference was a negligent misstatement or that the Defendant acted in bad faith.

Court Disposition

Claim dismissed. Judgment for the Defendant.