AMB Generall Holding AG v Manches and Others
| Jurisdiction | England & Wales |
| Judgment Date | 10 November 2005 |
| Neutral Citation | [2005] EWCA Civ 1237 |
| Date | 10 November 2005 |
| Court | Court of Appeal (Civil Division) |
COURT OF APPEAL
Before Lord Justice Buxton, Lord Justice Tuckey and Lord Justice Maurice Kay
SOLICITORS conducting proceedings should not be held to warrant that they had correctly named their client.
The Court of Appeal (Lord Justice Buxton, Lord Justice Tuckey and Lord Justice Maurice Kay) so stated on November 10, 2005, dismissing an appeal of Seb Trygg Liv Holding Aktiebolag, from the rejection by Mrs Justice Gloster on January 20, 2005, of a claim for damages for breach of warranty against the defendant solicitors: Manches, Sprecher Grier Halberstam and Portner & Jaskel, in relation to an arbitration proceedings commenced in November 1998 in which they had acted on behalf of a corporate client which on October 13, 1997, had ceased to exist.
The judge had held that the solicitors had an ostensible authority to act and that the successor in title to the company had ratified the proceedings.
LORD JUSTICE BUXTON said that the warranty which a solicitor gave was that he had a client who had instructed him to...
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Cheshire Mortgage Corporation Limited+blemain Finance Limited V. Morna Grandison (judicial Factor On The Estate Of Longmuir & Co)+balfour & Manson Llp
...does not assist in relation to the specific issue we have to determine in the present cases. [27] In SEB Trygg Liv Holding AB v Manches (2006) 1 WLR 2276 the limited nature of the implied warranty of authority was emphasised by the Court of Appeal in a case involving solicitors who commence......
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Knight Frank LLP v Aston Du Haney
...... . 14 In AMB Generali Holding AG v SEB Trygg Liv Holding Aktiebolag [2006] 1 Ll Rep 318 this court ......
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P&P Property Ltd v Owen White & Catlin LLP
...LJ said about warranting the name of the client was therefore, strictly speaking, obiter. But in SEB Trygg Liv Holding AB v Manches [2006] 1 WLR 2276 Gloster J (as she then was) held solicitors liable for having conducted an arbitration not without authority but by using the wrong name. Her......
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Litigation
...Est (Scotland) Ltd v Hanson Concrete Products Ltd [2005] 1 WLR 2557 (CA); AMB Generali Holding AG v SEB Trygg Liv Holding Aktiebolag [2005] EWCA Civ 1237 at [51]; ABB Asea Brown Boveri Ltd v Hiscox Dedicated Corporate Member Ltd [2007] EWHC 1150 (Comm); Greenwood v Papademetri [2007] NSWCA ......
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Case Note
...rely on its withdrawal by a private communication to X unless this was communicated to B before he acted on the representation.” 85 [2006] 1 WLR 2276; [2005] EWCA Civ 1237 at [28]-[33]. This case was apparently not cited in Orix Capital. 86 (1882) 7 App Cas 345 (HL). 87 The separate questio......
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Agency and Partnership Law
...until such impression has been dispelled, in particular by notice of revocation of the authority: see SEB Trygg Liv AB v Manches [2006] 1 WLR 2276 at [32]. Although Rebecca had retired, there was no indication in the facts that this had been brought to Orix“s attention before the formation ......