- Applied — Vadim Don Benyatov v Credit Suisse (Securities) Europe Ltd 2023-02-17
“…t misrepresentation, but it has since been applied in other contexts – most notably the negligent provision of services (see Henderson v Merrett Syndicates Ltd [1995] 2 AC 145). Mr Ciumei’s submission appears to be that it should be treated as the fundamental principle underlying the recognition of a duty of care in tort, or in any e…”
- Cited — HXA v Surrey County Council 2022-08-31
“…e other task or service for the claimant with an undertaking (express or implied) that reasonable care would be taken, as in Henderson v Merrett Syndicates Ltd [1995] 2 AC 145 and Spring v Guardian Assurance plc [1995] 2 AC 296.”…”
- Cited — Spire Property Development LLP & Anor. v Withers LLP 2022-07-19
“…l-established that a solicitor retained by a client will owe a concurrent independent duty of care in tort (see Midland Bank and Henderson v Merrett Syndicates [1995] 2 AC 145 at 190B).…”
- Cited — Spire Property Development LLP & Anor. v Withers LLP 2022-07-19
“…ether, in a particular case, responsibility should be held to have been assumed by the defendant to the claimant (see Henderson v Merrett Syndicates Ltd (No 1) [1995] 2 AC 145 at [181], endorsing Caparo Industries plc v Dickman [1990] 2 AC 605 at 637). The primary focus must be on exchanges which cross the line between the solicitor …”
- Cited — Sotheby's v Mark Weiss Ltd & Ors 2020-11-23
“…Bank Ltd [1950] AC 24; Henderson v Merrett Syndicates Ltd [1995] 2 AC 145 at 202; Prentis Donegan & Partners Ltd v Leeds & Leeds Co Inc [1998] 2 Lloyds LR 326 at 331 ("Prentis"); Grosvenor Casinos Ltd v National Bank of Abu Dhabi [20…”
- Cited — Seddon v Driver And Vehicle Licensing Agency 2019-01-28
“…ading cases in relation to assumption of responsibility include Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465; Henderson v Merrett Syndicates Ltd [1995] 2 AC 145 and Customs & Excise Commissioners v Barclays Bank Plc.…”
- Cited — First Tower Trustees Ltd & Anor v CDS (Superstores International) Ltd 2018-06-19
“…of facts inconsistent with those that have been agreed, it has no liability to the other party in tort. As Lord Goff said in Henderson v Merrett Syndicates Ltd [1995] 2 AC 145, 193, “the law of tort is the general law, out of which the parties can, if they wish, contract.” (The parties’ wishes in this regard are of course constrained…”
- Cited — First Tower Trustees Ltd & Anor v CDS (Superstores International) Ltd 2018-06-19
“… and “then to inquire whether or not that liability is excluded by the contract because the latter is inconsistent with it”: Henderson v Merrett Syndicates Ltd [1995] 2 AC 145, 193; and see also Smith v Eric S Bush [1990] 1 AC 831.…”
- Cited — Property Alliance Group Ltd v The Royal Bank of Scotland Plc 2018-03-02
“…In Henderson v Merrett Syndicates Ltd [1995] 2 AC 145, Lord Goff said (at page 180C) that the principle of assumption of responsibility underlying Hedley Byrne rests upon a relationship between the parties, which …”