Agency - 1999

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This page lists 15 cases, and was prepared on 04 October 2008.

Whitehead -v- Jenks & Cattell Engineering Ltd [1999] Eur LR 827
1999	European, Agency	Casemap 1 Citers

Indian Herbs (Uk) Ltd -v- Hadley & Ottoway Limited; Richard Townsend; Indian Herbs Research & Supply (Pvt) Ltd; Indian Herbs (Europe) Limited and Graham Wheeler [1999] EWCA Civ 627
21 Jan 1999 CA	Contract, Agency	Casemap 1 Cites
	Link[s] omitted

Jerry Juhan Developments Sa -v- Avon Tyres Ltd
25 Jan 1999 QBD	Agency
	Where bailors were in breach of a term of the bailment to collect the goods, and after lengthy delay the bailees had mislaid the goods, the bailees were under no duty to demonstrate that they had properly cared for the goods until the duty to keep ceased.

The Honourable Society of the Middle Temple -v- Lloyds Bank plc and Another [1999] 1 All ER (Comm) 193
8 Feb 1999 QBD Rix J	Banking, Agency	Casemap 1 Citers
	Where a cheque marked 'a/c payee only' had been stolen, and an English clearing bank collected it as agent for a foreign bank not acting for the payee, that bank was liable for the misrepresentation involved in the presentation. Where a bank asks its English agent for collection to collect English cheques crossed 'a/c payee' it is impliedly warranting that its customer is entitled to the proceeds. The court drew a distinction between an agent's breach of duty as against his principal and an agent's breach of duty to a third party. Where an agent for a collecting bank was negligent towards a third party payee, he would be indemnified by a collecting bank for any loss caused to a third party as a consequence of performing the collecting bank's request. This was not so where the loss arose from the agent's negligence in the actual performance of the collecting bank's request. Rix J: "When, however, the cheque emerges from that multitude and is referred by the clerical staff to management, albeit only as a result of an inquiry after fate, it seems to me that different considerations come into play. The cheque is no longer a mere item following a course in a factory-like process. It no longer becomes impracticable to give it individual attention, or the attention of management. It is referred for just such individual attention, even if the cause of referral is something collateral."
	Statute References omitted

Abbey National Plc -v- Tufts [1999] EWCA Civ 794
16 Feb 1999 CA	Agency, Undue Influence, Banking, Equity	Casemap 1 Cites
	A bankrupt husband, a mortgage broker, had applied for mortgage for his wife, fraudulently claiming that she had income. She appealed against an order for possession on the basis that he was agent of the bank, and that therefore the bank was fixed with notice of the fraud. She claimed that she had operated under the undue influence of her husband, and that, again, the bank was fixed with notice. That the husband was the agent of the bank was rejected. No equitable right arose because she was herself party to the fraud. The section dealt with issues of title, not lending decision. The appeal was dismissed.
	Statute References omitted
	Link[s] omitted

Brilliant Maritime Services S A -v- Guangzhou Ocean Shipping Co Unreported, 19/02/1999
19 Feb 1999 ComC Colman J	Agency
	ComC Ship owners not bound by bunker supply contracts made by time charterers.

Ellis Tylin Limited (Now Known As Dalkia Technical Services Limited -v- Co-Operative Retail Services Limited [1999] EWHC Technology 249
8 Mar 1999 TCC Judge Bowsher QC	Contract, Agency	Casemap 1 Cites
	The claimant entered into a contract to provide maintenance to the defendant's plant. Agents of the defendant did not have authority to enter in to a contract on their behalf. The contract was repudiated by the claimants in ceasing work, and that put them in breach of contract.
	Link[s] omitted

Companhia De Seguros Imperio -v- Heath (Rebx) Ltd and others [1999] EWHC 285 (Comm)
30 Mar 1999 ComC Langley J	Limitation, Insurance, Torts - Other, Agency	Casemap 1 Citers
	ComC Insurer/reinsurer claimed damages from brokers for breach of written binding authority agreements made in 1970s - claim in tort for breaches of fiduciary duties and of duties coextensive to those under the agreements – also claim for negligent misstatement/misrepresentation. Application for leave to amend particulars of claim to claim indemnity. Application to strike out/dismiss for want of prosecution RSC Order 19, r. 1. Limitation – Limitation Act – whether limitation applicable in claim for breach of fiduciary duty.
	Link[s] omitted

Nueva Fortuna Corporation -v- Tata Ltd [1999] 2 Lloyd's Rep. 497
17 Jun 1999 ComC Rix J	Agency
	ComC The issue in these actions was whether the defendant Tata was the undisclosed or unnamed principal of two time charters entered into in the name of another company called Global. It was alleged by the plaintiff owners that Tata was either the sole principal of the time charters or the joint venture partner of Global. The plaintiffs' case was that Global was Tata's agent and that there was actual authority, principally implied actual authority, from Tata to Global to enter into the time charters on its behalf. It was alleged by Tata that there was no such authority, and that the relationship of Tata to Global was that of a voyage sub-charterer under respective voyage charters of the two vessels concerned. The plaintiffs alleged that these voyage charters were shams or not intended to have legal effect. There was no case of ostensible authority. Held: although the relationship of Tata and Global was unorthodox and the voyage charters were unbusinesslike documents, they were not shams and evidenced a genuine relationship of disponent owner and sub-charterers.

Becerra -v- Close Brothers [1999] EWHC 289 (Comm)
25 Jun 1999 ComC Thomas J	Contract, Agency	Casemap 1 Cites 1 Citers
	ComC Claim for fee for introducing successful bidder at a controlled auction – no express contract – no implied contract based on City practice – claim for quantum meruit failed because no express or implied request – claim in restitution based on free acceptance (assuming that there is a principle of free acceptance) and incontrovertible benefit also failed - plaintiff held to be acting in own self-interest – level of reasonable remuneration. Agency – effective cause.
	[ Bailii ]

Amb Imballaggi Plastici Srl -v- Pacflex Ltd
7 Jul 1999 CA	Agency
	A party who chose to contract as principal for the purpose of reselling the goods of the vendor on a speculative basis and for a profit, was not to be deemed to be a commercial agent of the first vendor, and so was not entitled to compensation on the breakdown of the relationship.
	Statute References omitted

Christie Owen and Davies -v- Donald Lampitt [1999] EWCA Civ 1993
28 Jul 1999 CA Lord Justice Sedley	Agency	Casemap 1 Cites
	The case concerned an estate agent suing for his commission. The eventual purchaser had previously shown interest in the property, and approached the defendant, who only then approached the claimants and instructed them. Held: The defendants case was not unarguable, and his appeal against judgment should be allowed to continue.
	Link[s] omitted

ABTA Ltd -v- British Airways Plc Unreported, 26 November 1999
26 Nov 1999 ComC Timothy Walker J	Agency
	IATA Airlines standard agency agreement -implied terms - whether travel agents can be lawfully instructed to give the public misleading documentation describing the passenger service charge at UK airports as a tax-whether the passenger service charge is included in fares applicable to air passenger transportation for the purposes of commission.

Floods of Queensferry Ltd, David Charles Flood -v- Shand Constructions Ltd, Morrison Shand Constructions Ltd, Morrison Construction Ltd 1994 ORB 826; [1999] EWHC Technology 183
17 Dec 1999 TCC His Honour Judge Humphrey Lloyd QC	Torts - Other, Agency, Company, Construction	Casemap 1 Cites 1 Citers
	The claimant alleged it had entered into a sub-contract relying upon misrepresentations made by the defendant, SCL that it was the main contractor, and that it was still trading. The defendant company operated through associated companies for which it was an agent, but itself was treated as dormant, even though it still put its name to invitations to tender. The claimants had undertaken credit checks before the contract the results of which were adverse. Held: To be actionable a representation needed to be as to an existing or past fact. The filed accounts were no promise as to the future activity of the company. The claimant could have stopped work at any time, and had not continued after being misled. The company would not have acted differently if the actual position had been made clear. Claim dismissed.
	Statute References omitted
	Link[s] omitted

Harding Maughan Hambly Ltd -v- Compagnie European De Courtage [2000] 1 All ER (Comm) 225; [2000] 1 Lloyd's Rep 316; [2000] CLC 524; [2000] Lloyd's Rep IR 293
21 Dec 1999 ComC Rix J	Agency
	A sub-broker (A) in chain introduced as individual employed by a sub-sub-broker (B) to place a difficult insurance risk on the London market. The individual succeeded in placing the risk subject to conditions. In the course of resolving the conditions the sub-sub-broker closed down the relevant department and the individual moved to another broker (C) to whom the file was transferred. The risk was then finally placed. Held: The sub-broker was entitled to commission from its principal, even though its services had been dispensed with at the time of the transfer of the file. The introduction had been the effective cause of the placing of the risk.