The claimant hired out recycling plant and equipment and the defendant had been a customer. A local agent of the defendant had properly entered into certain contracts with the claimant acting as the company’s agent, but then created three long term contracts which the defendant then said were beyond his capacity. The defendant ceased trading at the site and the claimant then sought to enforce the contracts. The defendant denied liability under the contracts. The claimant now sought to enforce the order in its favour at the ensuing adjudication.
Held: The adjudication should be enforced. The defendant had entered into contracts through the agent, and had conceded that he had certain authorities. It had no prosepect of succesfully denying that agency now. The adjudicator’s reference to the contents of a statement of the challenged agent but mistakenly not served was insufficient to establish a breach of natural justice.
Akenhead J
[2011] EWHC 972 (TCC)
Bailii
England and Wales
Citing:
Cited – Carillion Construction Ltd v Devonport Royal Dockyard Ltd CA 16-Nov-2005
The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award.
Held: The dispute was complex and . .
Cited – Freeman and Lockyer v Buckhurst Park Properties (Mangal) Ltd CA 1964
The defendant company allowed one of its directors to act as the Managing Director and to give instructions to the Plaintiff to do work on its behalf.
Held: The fact that he had never been formally appointed as Managing Director was of no . .
Cited – Cantillon Ltd v Urvasco Ltd TCC 27-Feb-2008
After referring to the Carillion Construction case, the court held: ‘Whilst that case is, obviously, not authority for the proposition that a ‘good’ challenge to a decision on jurisdiction or natural justice grounds will be excluded on some . .
Cited – Pharmed Medicare Private Ltd v Univar Ltd CA 5-Nov-2002
An issue was raised that contracts entered into by the defendant by an ‘Industry Manager’ and an ‘Inside Sales Manager’ were not so entered as the two individuals had no authority and because the contracts were for substantial quantities of the . .
Lists of cited by and citing cases may be incomplete.
Agency, Natural Justice
Updated: 12 November 2021; Ref: scu.432870