Ostensible Authority in UK Law
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Contracting with a foreign sovereign: capacity and authority
Ukraine v The Law Debenture Trust Corporation PLC [2018] EWCA Civ 2026 - The second round of the legal battle between Russia and Ukraine over repayment of Eurobonds issued by Ukraine has ended w...... ... The Court of Appeal agreed with Blair J that the Minister did have ostensible authority, although for different reasons. ... Actual authority is determined by local law (in this case, Ukrainian law). The parties agreed for ... ...
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Court Of Appeal Confirms Correct Legal Test For Determining A Principal's Liability For Its Agent's Fraudulent Misrepresentation
... ... only if the fraudulent conduct was within the agent's actual or ostensible authority: Winter v Hockley Mint Limited [2018] EWCA Civ 2480 ... The ... ...
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Service Of Arbitration Notice
... ... that in this case, the agent possessed both implied actual and ostensible authority to receive the notice; however, this "rare case" was decided ... ...
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Parties Must Take Care to Avoid Risk of Defective Service in Arbitration
Two recent English court decisions provide useful reminders that parties to arbitration agreements must take care to properly serve arbitration proceedings on the other party. In doing so, parties ...... ... rare cases will an agent have anything other than express actual authority to accept service of a notice of arbitration.[1] However, in the unusual ... Court of Appeal held that the agent had both implied actual and ostensible authority to accept service. In Glencore Agriculture, the High Court ... ...
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Service Of Arbitration Notices
... ... are served on individuals within an organisation who have authority to accept service ... The case of Sino Channel Asia Ltd v Dana Shipping ... case raised questions in relation to the implied actual and/or ostensible authority of a third party to receive originating process ... ...
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Capacity of state to contract
A political battle between Russia and Ukraine has ended up before the English courts, in the context of a dispute over repayment of Eurobonds issued by Ukraine. The decision in The Law Debenture Tr...... ... Ukraine [2017] EWHC 655, 29 March 2017 is the first English law authority on the capacity of a state to contract. Blair J held that once a state ... On the other hand, the question of whether there was usual or ostensible authority was governed by English law, as the governing law of the ... ...
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Sino Channel v Dana Shipping: Whether Arbitration Notice Had Been Validly Served
... ... obviate the need for the party itself (or its agent with actual/ostensible authority to accept service) to be served properly. A party should also ... ...
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Appointment of Arbitrator
... ... company is bound by notification to an employee depends upon the authority which the company has granted to that employee to receive the ... or to accept service of legal or arbitral process; and (iii) no ostensible authority: there was nothing other than the individual's involvement in ... ...
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When Is An Admission Not An Admission?
... ... The admission had been made by his insurers without actual or ostensible authority. The value of the claim, estimated at over £1 million, was ... ...
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Frolic Of Their Own? A Firm's Responsibility For Solicitors' Actions
... ... Vicarious liability and actual/ostensible authority ... In addition, DWS contended that even if the claim did not ... ...
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