A/S Dan Bunkering Ltd v F G Hawkes (Western) Ltd & Ors

A/S Dan Bunkering Ltd v F G Hawkes (Western) Ltd & Ors

The Guarantee was signed with the actual authority of FGH, probably given expressly by Mr. Hawkes to the person who signed, or to Mr. Orrells, or implied from the course of dealings. The evidence of similar documents, the commercial relationship, and the lack of credible denial by Mr. Hawkes supported this finding. Dan is entitled to judgment for the full amount claimed.

Parties
Claimant: A/S Dan Bunkering Limited; 1st Defendant: F G Hawkes (Western) Limited; 2nd Defendant: Alani Shipping Co (UK) Limited; 3rd Defendant: David John Orrells
Jurisdiction
England and Wales
Judgment Date
30 November 2009
Procedural Posture
Commercial Claim (guarantee Enforcement) / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Guarantee Enforcement, Actual Authority, Ostensible Authority, Agency, Forgery Allegations
Commercial Law Contract Law Agency Law Guarantee Enforcement Actual Authority Ostensible Authority Agency Forgery Allegations

Case Brief

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Parties

A/S Dan Bunkering Limited

Claimant

F G Hawkes (Western) Limited

1st Defendant

Alani Shipping Co (UK) Limited

2nd Defendant

David John Orrells

3rd Defendant

Procedural Posture

Commercial Claim (guarantee Enforcement) / Judgment After Trial

Legal Issues

  1. 1 Whether the Guarantee was signed with actual authority of FGH
  2. 2 Whether Mr. Orrells or any other person had actual or ostensible authority to bind FGH
  3. 3 Whether FGH is estopped from denying the validity of the Guarantee

Ratio Decidendi

The Guarantee was signed with the actual authority of FGH, probably given expressly by Mr. Hawkes to the person who signed, or to Mr. Orrells, or implied from the course of dealings. The evidence of similar documents, the commercial relationship, and the lack of credible denial by Mr. Hawkes supported this finding. Dan is entitled to judgment for the full amount claimed.

Court Disposition

Judgment for the claimant

Orders

  • FGH to pay Dan Bunkering the full amount of the claim (US$458,630.87) plus interest