Watson & Anor v Jones & Anor [2015] EWCA Civ 1093 (21 July 2015)

Watson & Anor v Jones & Anor [2015] EWCA Civ 1093 (21 July 2015)

Mr Murtagh acted without actual or ostensible authority of the claimants when entering the settlement agreement; claimants' communications did not confer authority to conclude or execute settlement; agreement not binding on claimants.

Citation
[2015] EWCA Civ 1093
Parties
Claimant/applicant: Watson & Anor; Defendant/respondent: Jones & Anor
Jurisdiction
England and Wales
Judgment Date
21 July 2015
Procedural Posture
Application for Permission to Appeal / Court of Appeal, Oral Hearing
Outcome
Application for permission to appeal dismissed
Legal Topics
Authority of Agents, Settlement Agreements, Ostensible Authority
Contract Law Agency Law Authority of Agents Settlement Agreements Ostensible Authority

Case Brief

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Parties

Watson & Anor

Claimant/applicant

Jones & Anor

Defendant/respondent

Procedural Posture

Application for Permission to Appeal / Court of Appeal, Oral Hearing

Legal Issues

  1. 1 Whether Mr Murtagh had actual or ostensible authority to bind claimants to settlement agreement
  2. 2 Whether claimants' communications conferred authority to negotiate and conclude settlement
  3. 3 Whether settlement agreement is enforceable against claimants

Ratio Decidendi

Mr Murtagh acted without actual or ostensible authority of the claimants when entering the settlement agreement; claimants' communications did not confer authority to conclude or execute settlement; agreement not binding on claimants.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused
  • Settlement agreement not binding on claimants