The claimant appealed against the striking out of her claim for negligence against counsel for her opponent who had signed a consent order purporting to give an undertaking from his client when in fact the client did not consent.
Held: The appeal succeeded. A barrister was liable in negligence and breach of warranty to his lay client where he gave an undertaking to the court without first obtaining his client’s express authority to do so.
Citations:
Times 17-Aug-1998
Cited by:
Appeal from – Connolly-Martin v Davis CA 27-May-1999
A claim was brought by a party against counsel for his opponent who had gone beyond his authority in giving an undertaking for his client.
Held: The claim had no prospect of success, and had been struck out correctly. Counsel offering to the . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Professional Negligence
Updated: 10 May 2022; Ref: scu.79452