Goldberg & Ors v Miltiadous & Ors

Goldberg & Ors v Miltiadous & Ors

Mr Christou's advice and misrepresentations were given in the ordinary course of the firm's business and with ostensible authority. The other partners acquiesced and held him out as authorised. Claims in deceit and negligence are made out against all defendants for acts during partnership periods.

Parties
Claimant: Mrs Beverley Goldberg; Claimant: RS Motor Sales Ltd; Claimant: Mr and Mrs Frank Zanelli; Claimant: Mr Costa Nicolaou; Defendant: Mr Milton Miltiadous; Defendant: Mr Evdokimous Christou; Defendant: Mr Simon Brougham t/a Foster Squires (A Firm)
Jurisdiction
England and Wales
Judgment Date
15 March 2010
Procedural Posture
Civil / Final Judgment
Outcome
Claims in deceit and negligence succeed against all defendants, subject to partnership periods.
Legal Topics
Deceit, Negligence, Vicarious Liability, Ostensible Authority, Partnership Liability, Investment Advice
Tort Partnership Fraud Professional Negligence Deceit Negligence Vicarious Liability Ostensible Authority +2 more

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Parties

Mrs Beverley Goldberg

Claimant

RS Motor Sales Ltd

Claimant

Mr and Mrs Frank Zanelli

Claimant

Mr Costa Nicolaou

Claimant

Mr Milton Miltiadous

Defendant

Mr Evdokimous Christou

Defendant

Mr Simon Brougham t/a Foster Squires (A Firm)

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Mr Christou's fraudulent advice and misrepresentations were given in the ordinary course of the firm's business or with authority of his co-partners under Partnership Act 1890 s.10
  2. 2 Whether the other partners are vicariously liable for Mr Christou's acts
  3. 3 Whether the claimants relied on advice given by Mr Christou as a partner of the firm

Ratio Decidendi

Mr Christou's advice and misrepresentations were given in the ordinary course of the firm's business and with ostensible authority. The other partners acquiesced and held him out as authorised. Claims in deceit and negligence are made out against all defendants for acts during partnership periods.

Court Disposition

Claims in deceit and negligence succeed against all defendants, subject to partnership periods.

Orders

  • Judgment for claimants against all defendants for damages in deceit and negligence, limited to periods of partnership.
  • Interest awarded at 1% above Bank of England base rate.