Time Group Ltd v Panic Link Plc & Anor [2000] EWCA Civ 417 (17 November 2000)

Time Group Ltd v Panic Link Plc & Anor [2000] EWCA Civ 417 (17 November 2000)

It is arguable that the judge applied the wrong test for apparent authority by not considering whether the claimant was put on enquiry (constructive notice) regarding the agent's authority. Permission to appeal is therefore granted.

Citation
[2000] EWCA Civ 417
Parties
Claimant/respondent: Time Group Limited (Formerly Granville Technology Group Limited); Defendant/applicant: Panic Link Plc; Defendant/respondent: Fehnert Plc
Jurisdiction
England and Wales
Judgment Date
17 November 2000
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted.
Legal Topics
Apparent Authority, Constructive Notice, Oral Contracts, Goods in Transit Insurance
Contract Law Agency Law Apparent Authority Constructive Notice Oral Contracts Goods in Transit Insurance

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Parties

Time Group Limited (Formerly Granville Technology Group Limited)

Claimant/respondent

Panic Link Plc

Defendant/applicant

Fehnert Plc

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge misdirected himself regarding the test for apparent authority and the relevance of constructive notice in agency law.
  2. 2 Whether the claimant was put on enquiry as to the authority of the agent (Mr Hobson) to offer goods in transit insurance.

Ratio Decidendi

It is arguable that the judge applied the wrong test for apparent authority by not considering whether the claimant was put on enquiry (constructive notice) regarding the agent's authority. Permission to appeal is therefore granted.

Court Disposition

Permission to appeal granted.

Orders

  • Notice of appeal to be served within 7 days.
  • Time estimate for appeal hearing is 1 day.