Hincks v Sense Network Ltd [2018] EWHC 533 (QB) (15 March 2018)

Hincks v Sense Network Ltd [2018] EWHC 533 (QB) (15 March 2018)

The duty of care owed by a reference writer is to exercise reasonable skill and care to ensure the reference is true, accurate, and fair, including not being misleading by omission or nuance. However, the duty does not extend to requiring the reference writer to re-evaluate or guarantee the procedural fairness of antecedent investigations unless obvious errors or relevant information are apparent. The Defendant's reference was based on a reasonable review of the facts and regulatory obligations, and the opinions expressed were supported by the evidence available at the time.

Citation
[2018] EWHC 533
Parties
Claimant: Kevin Hincks; Defendant: Sense Network Ltd
Jurisdiction
England and Wales
Judgment Date
15 March 2018
Procedural Posture
Tort and Contract Claim for Negligent Misstatement in Employment Reference / Liability Trial Before High Court, Queen's Bench Division
Outcome
Claim dismissed
Legal Topics
Negligent Misstatement, Duty of Care in References, Procedural Fairness in Investigations, Employer References, Loss of Earnings
Employment Law Tort Law Contract Law Negligent Misstatement Duty of Care in References Procedural Fairness in Investigations Employer References Loss of Earnings

Case Brief

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Parties

Kevin Hincks

Claimant

Sense Network Ltd

Defendant

Procedural Posture

Tort and Contract Claim for Negligent Misstatement in Employment Reference / Liability Trial Before High Court, Queen's Bench Division

Legal Issues

  1. 1 What is the nature and scope of the duty of care owed by a reference writer to the subject of the reference?
  2. 2 Does the duty require consideration of the adequacy and fairness of antecedent investigations?
  3. 3 Was the reference provided by the Defendant true, accurate, and fair, or misleading?

Ratio Decidendi

The duty of care owed by a reference writer is to exercise reasonable skill and care to ensure the reference is true, accurate, and fair, including not being misleading by omission or nuance. However, the duty does not extend to requiring the reference writer to re-evaluate or guarantee the procedural fairness of antecedent investigations unless obvious errors or relevant information are apparent. The Defendant's reference was based on a reasonable review of the facts and regulatory obligations, and the opinions expressed were supported by the evidence available at the time.

Court Disposition

Claim dismissed

Orders

  • No damages awarded
  • No finding of negligent misstatement against Defendant