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)

The claimants cannot elect to have judgment against either the agent or the undisclosed principal after judgment is handed down or after the draft judgment is produced; the election must be made before judgment is given.

Citation
[2016] EWHC 2680 (QB)
Parties
Claimants: Roger Keith Adams and Others; Defendants: Atlas International Property Services Limited and Others
Jurisdiction
England and Wales
Judgment Date
28 October 2016
Procedural Posture
Civil / Post Trial, Pre Final Judgment
Outcome
Procedural direction; no final disposition of substantive claims
Legal Topics
Undisclosed Principal, Election of Remedies, Judgment Against Agent or Principal
Contract Law Agency Law Undisclosed Principal Election of Remedies Judgment Against Agent or Principal

Case Brief

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Parties

Roger Keith Adams and Others

Claimants

Atlas International Property Services Limited and Others

Defendants

Procedural Posture

Civil / Post Trial, Pre Final Judgment

Legal Issues

  1. 1 Whether claimants can elect after judgment to have judgment against agent or undisclosed principal
  2. 2 Timing of election between agent and principal in contract claims

Ratio Decidendi

The claimants cannot elect to have judgment against either the agent or the undisclosed principal after judgment is handed down or after the draft judgment is produced; the election must be made before judgment is given.

Court Disposition

Procedural direction; no final disposition of substantive claims

Orders

  • Claimants to notify the court of their election regarding primary contractual claim before 4 November 2016