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Buachaill
Buachaill, Barrister
Category: Employment Law
Satisfied Customers: 13353
Experience:  Barrister 17 years experience
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If an individual (party A) makes false statements about

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If an individual (party A) makes false statements about working in partnership with another individual or company (party B), and uses that information to apply for grant funding, does party B have any power of recourse?

1.  Hello, I am your Expert and thank you for your question.  I am delighted to answer it.

1.  The party B, in your example, can sue for misrepresentation and fraudulent misrepresentation for any damage or loss which occurs due to party A´s false statement that he was working in partnership with them.  Essentially, all losses are recoverable as well as there being an injunction possible to restrain Party A from continuing to make the representation.  Additionally, party B should ensure that the Body providing the Grant funding is made aware that the representation that they were working in partnership with A is shown to be false. Ultimately, if grant funding is obtained on the basis of the false statement, party B can get party A to disgorge it and return it to the Grant giving body as it was obtained by false pretences.

3.  If you require any clarification or if there is additional information you wish to share, I will be happy to assist further in the resolution of your question.

Customer: replied 5 days ago.
How could you quantify damages?Also, if there are multiple party B’s, could they join forces and bring a case together?Lastly, if party A was an individual representing a company (but the company were unaware), would the case be against the individual or the company?

4.  Damages would repesent the loss occasioned by the false representation.  They would need to prove special damage to get damages over and above the normal damages for the actual representation.  Secondly, if there were multiple party B´s they would each have to bring a separate action.  Although the law allows class actions, the situation here is that each party would need to bring their own action, as the parties affected by a false representation don´t amount to a class that would get approved to bring a class action unless there was some public interest.    Finally, you can sue the company, if the company adopted the actions of party A, but if it didn´t or if they resiled from allowing A represent them, then you will have to sue A alone.

Customer: replied 2 days ago.
The issue involves public money (arts funding) being applied for by party A, using parties B name/reputation to increase party A’s chances of being awarded the funding, but without parties B being aware their names/reputations were being used, and without parties B receiving funding themselves. Would this constitute ‘public interest’?

5.  A Group Litigation order would require at least 10 plaintiffs and raise common issues. There is the potential for this case to be the subject of a Group litigation order but there would need to be many people affected by it. My own view is that this situation would be more of a situation where a test case by one Plaintiff would be taken to establish liability and then the other claims would get settled as a result. This is because they all raise common issues.

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