Adams & Ors v Atlas International Property Services Ltd & Ors [2016] EWHC 2680 (QB) (28 October 2016)

Adams & Ors v Atlas International Property Services Ltd & Ors [2016] EWHC 2680 (QB) (28 October 2016)

Claimants must make their election between agent and undisclosed principal before judgment is handed down; there is no opportunity to elect after judgment or after the draft judgment is circulated.

Citation
[2016] EWHC 2680
Parties
Claimants: Roger Keith Adams and Others; Defendants: Atlas International Property Services Limited and Others; Defendants: Miguel Ángel Aroca Seiquer and Aroca Seiquer & Asociados SL
Jurisdiction
England and Wales
Judgment Date
28 October 2016
Procedural Posture
Civil / Post Trial, Pre Final Judgment
Outcome
Interlocutory determination on timing of election; no final disposition of substantive claims.
Legal Topics
Undisclosed Principal, Election of Remedies, Judgment Procedure
Contract Law Agency Law Undisclosed Principal Election of Remedies Judgment Procedure

Case Brief

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Parties

Roger Keith Adams and Others

Claimants

Atlas International Property Services Limited and Others

Defendants

Miguel Ángel Aroca Seiquer and Aroca Seiquer & Asociados SL

Defendants

Procedural Posture

Civil / Post Trial, Pre Final Judgment

Legal Issues

  1. 1 Whether claimants must elect between judgment against agent or undisclosed principal before judgment is handed down
  2. 2 Timing of election in cases involving undisclosed principals

Ratio Decidendi

Claimants must make their election between agent and undisclosed principal before judgment is handed down; there is no opportunity to elect after judgment or after the draft judgment is circulated.

Court Disposition

Interlocutory determination on timing of election; no final disposition of substantive claims.

Orders

  • Claimants to notify the court of their election before 4 November 2016; otherwise, court will proceed on basis that primary claim is against Sr. Aroca.