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England and Wales decisions
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Section 67 challenge succeeded for A1 and A3: C lacked authority to bind them and there was no ratification. A2’s challenge failed under section 73.
MSH Ltd v HCS Ltd [2025] EWHC 815 (Comm) (07 April 2025)
The High Court dismissed a s.67 challenge to an arbitral award, holding CTW Ltd acted as HCS Ltd’s agent with authority and the contract did not exclude the undisclosed principal doctrine.
The High Court held that no binding 2017 agreement replaced the Dilworths’ loans with preference shares, so the loans and guarantees remained enforceable.
Decker & Anor v International Medical Supplies Ltd [2023] EWHC 2742 (Comm) (18 October 2023)
The court partly set aside a default judgment, preserving liability but reopening quantum only, because the defendant showed a real prospect of defending damages.
The Commercial Court granted declarations and money judgment under a letter of indemnity after the defendant’s defence was struck out for non-compliance.
The Court of Appeal held that mediation statements were admissible under exception (2) to the without prejudice rule and dismissed the appeal.
Berkeley Square Holdings Ltd & Ors v Lancer Property Asset Management Ltd & Ors [2021] EWCA Civ 551 (15 April 2021)
The Court of Appeal held that mediation statements were admissible under an exception to without prejudice privilege in a dispute over settlement deeds and an agent's authority.
Trial on an account between property companies. The court allowed some professional fees on quantum meruit, rejected most management fees, and took the account.
MVV Environment Devonport Ltd v NTO Shipping GmbH & Co KG & Ors [2020] EWHC 1371 (Comm) (04 June 2020)
The High Court held that the claimant was not party to the bill-of-lading contract or arbitration agreement, because no actual or ostensible authority bound it.
The High Court held that CML contracted as agent for the vessel owners, allowing Turks Shipyard to enforce its repair claim in rem against the vessel November.
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