The Weekly Law Reports
[1979] 2 WLR 228
[COURT OF APPEAL]
DIAMOND
v.
BANK OF LONDON AND MONTREAL LTD.
[1977 D. No. 1854]
1978 Nov. 3,
6,
7
Lord Denning M.R., Stephenson and Shaw L.JJ.
Practice
— Writ
— Service out of jurisdiction
— Telex messages and telephone calls by manager of bank outside jurisdiction
— Allegations of fraudulent misrepresentations
— Whether action founded on tort committed within jurisdiction
— Discretion to allow service of writ outside jurisdiction
— No sufficient evidence of loss suffered by reason of misrepresentations
—
R.S.C., Ord. 11, r. 1 (1) (h)
Fraud
— Misrepresentation
— Creditworthiness
— No written statement signed by party to be charged with fraud
— Whether action for misrepresentations confined to creditworthiness
—
Statute of Frauds Amendment Act 1828 (9 Geo. 4, c. 14), s. 6