Bronze Monkey LLC & Anor v Simmons & Simmons LLP & Anor

Bronze Monkey LLC & Anor v Simmons & Simmons LLP & Anor

Simmons & Simmons LLP did not represent that it had authority to act for Bronze Monkey LLC, but only set out its client UIT's position. There is no real dispute between the claimants and Simmons & Simmons LLP as to any legal right, and no basis for declaratory relief against the firm. The claim discloses no reasonable grounds and has no real prospect of success. Summary judgment is granted in favour of Simmons & Simmons LLP.

Parties
Claimant: Bronze Monkey LLC; Claimant: John Francis Gregg; Defendant: Simmons & Simmons LLP; Defendant: United Investment Trading Limited
Jurisdiction
England and Wales
Judgment Date
01 December 2017
Procedural Posture
Commercial Court Claim for Declaratory Relief and Related Orders / Summary Judgment/strike Out Application by First Defendant
Outcome
Summary judgment for First Defendant (Simmons & Simmons LLP); claim against it dismissed
Legal Topics
Summary Judgment, Strike Out, Declaratory Relief, Solicitor's Warranty of Authority, Agency Representation, Abuse of Process
Civil Procedure Agency Law Legal Profession Summary Judgment Strike Out Declaratory Relief Solicitor's Warranty of Authority Agency Representation +1 more

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Parties

Bronze Monkey LLC

Claimant

John Francis Gregg

Claimant

Simmons & Simmons LLP

Defendant

United Investment Trading Limited

Defendant

Procedural Posture

Commercial Court Claim for Declaratory Relief and Related Orders / Summary Judgment/strike Out Application by First Defendant

Legal Issues

  1. 1 Did Simmons & Simmons LLP represent that it had authority to act for Bronze Monkey LLC?
  2. 2 Is there a real dispute between the claimants and Simmons & Simmons LLP justifying declaratory relief?
  3. 3 Should the claim against Simmons & Simmons LLP be struck out or dismissed by summary judgment?

Ratio Decidendi

Simmons & Simmons LLP did not represent that it had authority to act for Bronze Monkey LLC, but only set out its client UIT's position. There is no real dispute between the claimants and Simmons & Simmons LLP as to any legal right, and no basis for declaratory relief against the firm. The claim discloses no reasonable grounds and has no real prospect of success. Summary judgment is granted in favour of Simmons & Simmons LLP.

Court Disposition

Summary judgment for First Defendant (Simmons & Simmons LLP); claim against it dismissed

Orders

  • Summary judgment granted in favour of Simmons & Simmons LLP
  • Claim against Simmons & Simmons LLP dismissed