Hi, I've got a question regarding negligent misstatement in law of tort.

For negligent misstatement, in order to establish whether there is a special relationship between the plaintiff and defendant, there must be 5 key elements that needs to be fulfilled:

1. Defendant possesses a skill or expertise
2. Defendant voluntarily assumes responsibility for his statement
3. Known user
4. Known purpose
5. Reasonable reliance

Am I right till up here?

Now the question is, for the 2nd element, if there's a disclaimer, like in the Hedley Byrne v Heller case, does it means that the defendant did not voluntarily assume responsibility for his statement? Does this also means that there is no special relationship between the plaintiff and defendant because one of the element is not fulfilled? But I remember seeing that in the Hedley Byrne v Heller case, there was a special relationship between the defendant and plaintiff. I'm confused