Defence for expert statements in prospectuses: correct representation and reasonable belief in expert competence preserves liability protection. Insertion of clause (c) into section 35(2) provides a defence for misleading statements attributed to an expert or to a purported copy or extract of an expert's report or valuation where the statement was a correct and fair representation or correct copy/fair extract, the defendant had reasonable grounds and believed the expert was competent at the time of issue, and the expert had given the consent required by section 26(5) and had not withdrawn it before registration delivery or, to the defendant's knowledge, before allotment.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Defence for expert statements in prospectuses: correct representation and reasonable belief in expert competence preserves liability protection.
Insertion of clause (c) into section 35(2) provides a defence for misleading statements attributed to an expert or to a purported copy or extract of an expert's report or valuation where the statement was a correct and fair representation or correct copy/fair extract, the defendant had reasonable grounds and believed the expert was competent at the time of issue, and the expert had given the consent required by section 26(5) and had not withdrawn it before registration delivery or, to the defendant's knowledge, before allotment.
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