GPN Ltd. v O2 (UK) Ltd.

GPN Ltd. v O2 (UK) Ltd.

The claimant cannot demonstrate conduct by the defendant amounting to a representation that McCreadies had ostensible authority to bind the defendant to a contract. The evidence shows only authority to negotiate, not to conclude a contract. There are no 'strong facts' to rebut the presumption against such authority for a quantity surveyor. Therefore, the claimant has no real prospect of success on the issue of ostensible authority, and the requirements for strike out and summary judgment are met.

Parties
Claimant: GPN Limited (in Receivership); Defendant: O2 (UK) Limited
Jurisdiction
England and Wales
Judgment Date
22 October 2004
Procedural Posture
Civil (commercial/construction) / Application for Strike Out and Summary Judgment
Outcome
Claimant's case on ostensible authority struck out; summary judgment granted for defendant on that issue.
Legal Topics
Ostensible Authority, Summary Judgment, Strike Out, Authority of Agents, Letters of Intent
Contract Law Agency Law Construction Law Ostensible Authority Summary Judgment Strike Out Authority of Agents Letters of Intent

Case Brief

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Parties

GPN Limited (in Receivership)

Claimant

O2 (UK) Limited

Defendant

Procedural Posture

Civil (commercial/construction) / Application for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether McCreadies (specifically Mr Lewis) had ostensible authority to bind the defendant to a contract with the claimant
  2. 2 Whether the claimant has a real prospect of success on the issue of ostensible authority

Ratio Decidendi

The claimant cannot demonstrate conduct by the defendant amounting to a representation that McCreadies had ostensible authority to bind the defendant to a contract. The evidence shows only authority to negotiate, not to conclude a contract. There are no 'strong facts' to rebut the presumption against such authority for a quantity surveyor. Therefore, the claimant has no real prospect of success on the issue of ostensible authority, and the requirements for strike out and summary judgment are met.

Court Disposition

Claimant's case on ostensible authority struck out; summary judgment granted for defendant on that issue.

Orders

  • The head of claim based on ostensible authority is struck out.
  • Summary judgment is entered for the defendant on the issue of ostensible authority.