No warranty of authority on claimas to authority
Complaint was made that proceedings had been made by the claimant company when the solicitors acted on the instructions of somebody describing himself wrongly as a director of the company.
Held: The defendant’s request for costs against the solicitors failed. There could be no warranty of authority where the litigation was itself about the very issue alleged to have been warranted. The defendant had not relied on the warranty claimed.
William Trower QC
[2016] EWHC 2249 (Ch), [2016] WLR(D) 527
Bailii, WLRD
England and Wales
Citing:
Applied – Aidiniantz v The Sherlock Holmes International Society Ltd ChD 15-Jun-2016
Solicitor does not warrant his client’s case
The company had appealed from an order for its winding up. The solicitors had acted on the instructions of a director, whose authority was now challenged.
Held: The claim for costs against the solicitors failed. They had been properly retained . .
Lists of cited by and citing cases may be incomplete.
Company, Legal Professions
Updated: 02 November 2021; Ref: scu.570349