CBTM05210 – Misrepresentation: Declaration on order book foils

Jones & Sharples v CAO (1994) All ER (CA)225

Order book foils include the declaration:

"l declare that l have read and understand all the instructions in this order book, that I have correctly reported any facts which could affect the amount of my payment and that I am entitled to the above sum".

There may be a misrepresentation when this statement is signed if the claimant

• has not reported a material fact, and
• knew the fact.

The material fact, which is misrepresented in these circumstances, is that the claimant had not reported any facts, which could affect the amount of benefit. This declaration incorporates a representation of the underlying facts themselves.