Developments in relation to Apparent Authority of Agents
24 November 2010
On Thursday 18 November the Court of Appeal considered an appeal in the case of Quinn v Carcraft which the principles applicable to establishing the apparent authority of agents fell for consideration especially in the light of a recent decision (Akhai Holdings) by the Master of the Rolls in the Final Appeal Court of Hong Kong.
It is expected that the Court will give guidance on (among ot
her things) the state of mind which will preclude a party from relying upon apparent authority.
Paul Lakin acted for Quinn (appellant) and Mark Harper acted for Carcraft (Respondent). Judgment was reserved.
Update as at 16th Dec 2010:
The Appellant (Mr. Quinn – represented by Paul Lakin instructed by Chadwick Lawrence) was successful in its appeal the Court of Appeal finding that (contrary to suggestions in other authorities and texts) that once it was established that there was a representation of authority relied upon by a party there is no need to inquire as to whether or not that reliance was reasonable and the party was put on inquiry as to the lack of authority. Carcraft was the Respondent to the appeal and was represented by Mark Harper instructed by Greenhalghs.