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Medical questionnaire insufficient to support misrepresentation claim

Cheltenham Borough Council vs Laird

EWHC 1253

Key facts

We reported this case in March (Cheltenham council sue ex Managing Director for £1m)

Decision

The High Court have now ruled that the medical questionnaire used by the council was insufficient to sustain an argument that Laird had given misleading answers and rather that the questionnaire’s design was poorly executed.

Our view

Medical questionnaires have not come under real scrutiny before now but the extent of the council’s loss in this case has made them look hard for a way out.  Carefully considering their wording would seem wise.