Date: Thu, 7 Nov 2002 15:06:34

From: Andrew Tettenborn

Subject: New HL case

Thanks to Jason for mentioning PNSC v SCB. But it's nothing to get too excited about.

On the contributory negligence point, the HL have merely confirmed what we've always thought: namely, that CN is irrelevant to liability in deceit.

The other point, on deceit, only arose because a majority of the Court of Appeal appear to have had a rush of blood to the head. They had held that if I tell lies or commit a fraud in my capacity as a director of a company I can't be sued; only the company can. That is simply screwy, as the HL duly pointed out when reversing.

The people one feels sorry for are PSNC, who had to shell out (one suspects) a six-figure sum to get from the HL the answer that a child could have provided for nothing.

Andrew

Andrew Tettenborn MA LLB
Bracton Professor of Law

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