Excel Securities Plc v Masood & Ors

Excel Securities Plc v Masood & Ors

The implied warranty of authority given by BM Solicitors did not extend to warranting the identity of their client as the real James Charles Whittaker Goulding, but only that they had authority to act for the person instructing them under that name. There is no basis for implying a broader warranty in the circumstances of this case. Accordingly, Excel's application for summary judgment on breach of warranty of authority is dismissed.

Parties
Claimant: Excel Securities PLC; First Defendant: Mr Aamer Masood; Second Defendant: Mr Ijaz Ahmad
Jurisdiction
England and Wales
Judgment Date
10 June 2009
Procedural Posture
Civil (commercial/professional Negligence) / Application for Summary Judgment
Outcome
Application for summary judgment dismissed (breach of warranty of authority). Application for summary judgment on breach of trust stood over for further argument.
Legal Topics
Warranty of Authority, Breach of Trust, Solicitors' Duties, Summary Judgment, Implied Contractual Obligations
Agency Law Professional Negligence Trust Law Warranty of Authority Breach of Trust Solicitors' Duties Summary Judgment Implied Contractual Obligations

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Parties

Excel Securities PLC

Claimant

Mr Aamer Masood

First Defendant

Mr Ijaz Ahmad

Second Defendant

Procedural Posture

Civil (commercial/professional Negligence) / Application for Summary Judgment

Legal Issues

  1. 1 Whether BM Solicitors are liable for breach of warranty of authority for acting on behalf of an impostor.
  2. 2 Whether BM Solicitors are liable for breach of trust in the application of loan monies.

Ratio Decidendi

The implied warranty of authority given by BM Solicitors did not extend to warranting the identity of their client as the real James Charles Whittaker Goulding, but only that they had authority to act for the person instructing them under that name. There is no basis for implying a broader warranty in the circumstances of this case. Accordingly, Excel's application for summary judgment on breach of warranty of authority is dismissed.

Court Disposition

Application for summary judgment dismissed (breach of warranty of authority). Application for summary judgment on breach of trust stood over for further argument.

Orders

  • Application for summary judgment on breach of warranty of authority dismissed.
  • Application for summary judgment on breach of trust stood over for further argument.