Links: Home | swarblaw - law discussions

swarb.co.uk - law index


These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Agency - From: 1999 To: 1999

This page lists 16 cases, and was prepared on 02 April 2018.

 
Whitehead v Jenks and Cattell Engineering Ltd [1999] Eur LR 827
1999


European, Agency

1 Citers


 
Indian Herbs (Uk) Ltd v Hadley and Ottoway Limited; Richard Townsend; Indian Herbs Research and Supply (Pvt) Ltd; Indian Herbs (Europe) Limited and Graham Wheeler [1999] EWCA Civ 627
21 Jan 1999
CA

Contract, Agency

1 Cites

[ Bailii ]

 
 Jerry Juhan Developments Sa v Avon Tyres Ltd; QBD 25-Jan-1999 - Times, 25 January 1999; Gazette, 10 February 1999
 
The Honourable Society of the Middle Temple v Lloyds Bank plc and Another Times, 08 February 1999; [1999] 1 All ER (Comm) 193
8 Feb 1999
QBD
Rix J
Banking, Agency
Where a cheque marked 'a/c payee only' had been stolen, and an English clearing bank collected it as agent for a foreign bank not acting for the payee, that bank was liable for the misrepresentation involved in the presentation. Where a bank asks its English agent for collection to collect English cheques crossed 'a/c payee' it is impliedly warranting that its customer is entitled to the proceeds. The court drew a distinction between an agent's breach of duty as against his principal and an agent's breach of duty to a third party. Where an agent for a collecting bank was negligent towards a third party payee, he would be indemnified by a collecting bank for any loss caused to a third party as a consequence of performing the collecting bank's request. This was not so where the loss arose from the agent's negligence in the actual performance of the collecting bank's request.
Rix J: "When, however, the cheque emerges from that multitude and is referred by the clerical staff to management, albeit only as a result of an inquiry after fate, it seems to me that different considerations come into play. The cheque is no longer a mere item following a course in a factory-like process. It no longer becomes impracticable to give it individual attention, or the attention of management. It is referred for just such individual attention, even if the cause of referral is something collateral."
Cheques Act 1992
1 Citers


 
Abbey National Plc v Tufts Gazette, 24 February 1999; [1999] EWCA Civ 794
16 Feb 1999
CA

Agency, Undue Influence, Banking, Equity
A bankrupt husband, a mortgage broker, had applied for mortgage for his wife, fraudulently claiming that she had income. She appealed against an order for possession on the basis that he was agent of the bank, and that therefore the bank was fixed with notice of the fraud. She claimed that she had operated under the undue influence of her husband, and that, again, the bank was fixed with notice. That the husband was the agent of the bank was rejected. No equitable right arose because she was herself party to the fraud. The section dealt with issues of title, not lending decision. The appeal was dismissed.
Law of Property Act 1925 199 (1) (ii) (a
1 Cites

[ Bailii ]
 
Brilliant Maritime Services S A v Guangzhou Ocean Shipping Co Unreported, 19/02/1999
19 Feb 1999
ComC
Colman J
Agency, Contract
ComC Ship owners were not bound by bunker supply contracts made by time charterers.


 
 Ellis Tylin Limited (Now Known As Dalkia Technical Services Limited v Co-Operative Retail Services Limited; TCC 8-Mar-1999 - [1999] EWHC Technology 249
 
Companhia De Seguros Imperio v Heath (Rebx) Ltd and others [1999] EWHC 285 (Comm)
30 Mar 1999
ComC
Langley J
Limitation, Insurance, Torts - Other, Agency
ComC Insurer/reinsurer claimed damages from brokers for breach of written binding authority agreements made in 1970s - claim in tort for breaches of fiduciary duties and of duties coextensive to those under the agreements – also claim for negligent misstatement/misrepresentation. Application for leave to amend particulars of claim to claim indemnity. Application to strike out/dismiss for want of prosecution RSC Order 19, r. 1. Limitation – Limitation Act – whether limitation applicable in claim for breach of fiduciary duty.
1 Cites

1 Citers

[ Bailii ]
 
Nueva Fortuna Corporation v Tata Ltd [1999] 2 Lloyd's Rep. 497
17 Jun 1999
ComC
Rix J
Agency
ComC The issue in these actions was whether the defendant Tata was the undisclosed or unnamed principal of two time charters entered into in the name of another company called Global. It was alleged by the plaintiff owners that Tata was either the sole principal of the time charters or the joint venture partner of Global. The plaintiffs' case was that Global was Tata's agent and that there was actual authority, principally implied actual authority, from Tata to Global to enter into the time charters on its behalf. It was alleged by Tata that there was no such authority, and that the relationship of Tata to Global was that of a voyage sub-charterer under respective voyage charters of the two vessels concerned. The plaintiffs alleged that these voyage charters were shams or not intended to have legal effect. There was no case of ostensible authority. Held: although the relationship of Tata and Global was unorthodox and the voyage charters were unbusinesslike documents, they were not shams and evidenced a genuine relationship of disponent owner and sub-charterers.


 
 Amb Imballaggi Plastici Srl v Pacflex Ltd; CA 18-Jun-1999 - Gazette, 07 July 1999; Times, 08 July 1999; [1999] EWCA Civ 1618; [1999] CLC 1391; [1999] 2 All ER (Comm) 249; [1999] Eu LR 930; (1999) 18 Tr LR 153; [2000] ECC 381
 
Becerra v Close Brothers [1999] EWHC 289 (Comm)
25 Jun 1999
ComC
Thomas J
Contract, Agency
ComC Claim for fee for introducing successful bidder at a controlled auction – no express contract – no implied contract based on City practice – claim for quantum meruit failed because no express or implied request – claim in restitution based on free acceptance (assuming that there is a principle of free acceptance) and incontrovertible benefit also failed - plaintiff held to be acting in own self-interest – level of reasonable remuneration. Agency – effective cause.
1 Cites

1 Citers

[ Bailii ]

 
 Parks v Esso Petroleum Company Limited; CA 23-Jul-1999 - [1999] EWCA Civ 1942

 
 Christie Owen and Davies v Lampitt; CA 28-Jul-1999 - [1999] EWCA Civ 1993
 
ABTA Ltd v British Airways Plc Unreported, 26 November 1999
26 Nov 1999
ComC
Timothy Walker J
Agency
IATA Airlines standard agency agreement - implied terms - whether travel agents can be lawfully instructed to give the public misleading documentation describing the passenger service charge at UK airports as a tax-whether the passenger service charge is included in fares applicable to air passenger transportation for the purposes of commission.
1 Citers



 
 Floods of Queensferry Ltd, David Charles Flood v Shand Constructions Ltd, Morrison Shand Constructions Ltd, Morrison Construction Ltd; TCC 17-Dec-1999 - 1994 ORB 826; [1999] EWHC Technology 183
 
Harding Maughan Hambly Ltd v Compagnie European De Courtage [2000] 1 All ER (Comm) 225; [2000] 1 Lloyd's Rep 316; [2000] CLC 524; [2000] Lloyd's Rep IR 293
21 Dec 1999
ComC
Rix J
Agency
A sub-broker (A) in chain introduced as individual employed by a sub-sub-broker (B) to place a difficult insurance risk on the London market. The individual succeeded in placing the risk subject to conditions. In the course of resolving the conditions the sub-sub-broker closed down the relevant department and the individual moved to another broker (C) to whom the file was transferred. The risk was then finally placed. Held: The sub-broker was entitled to commission from its principal, even though its services had been dispensed with at the time of the transfer of the file. The introduction had been the effective cause of the placing of the risk.

 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.