It is not within the actual authority of a solicitor’s clerk to commit a fraud. But it is within his ostensible authority to perform acts of the class which solicitors would normally carry out: ‘so long as he is acting within the scope of that class of act, his employer is bound whether or not the clerk is acting for his own purposes or for his employer’s purposes’.
Sir Wilfrid Greene MR
[1939] 2 KB 248
England and Wales
Cited by:
Cited – J J Coughlan Ltd v Ruparelia and others CA 21-Jul-2003
The defendant firm of solicitors had acted in a matter involving a fraud. One partner was involved in the fraud. The claimants sought to recover from the partnership.
Held: ‘The issue is not how the transaction ought properly to be described, . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 October 2021; Ref: scu.186088