Bois Labesse v Pinson [1992] JLR 196 (14 August 1992)

Bois Labesse v Pinson [1992] JLR 196 (14 August 1992)

A formal undertaking given by an advocate on behalf of a client is binding on the client, even if the advocate's actual authority was less than what was represented, and such an undertaking may give rise to judgment on admissions.

Citation
[1992] JLR 196
Parties
Applicant: Bois Labesse; Respondent: Pinson
Jurisdiction
Jersey
Judgment Date
14 August 1992
Procedural Posture
Civil / Judgment
Outcome
judgment for applicant
Legal Topics
Authority of Advocate, Undertakings, Binding Nature of Undertakings, Judgment on Admissions
Civil Procedure Professional Conduct Authority of Advocate Undertakings Binding Nature of Undertakings Judgment on Admissions

Case Brief

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Parties

Bois Labesse

Applicant

Pinson

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a formal undertaking given by an advocate on behalf of a client prior to commencement of proceedings is binding despite disparity between advocate's apparent authority and client's intended authority
  2. 2 Whether such an undertaking may give rise to judgment on admissions

Ratio Decidendi

A formal undertaking given by an advocate on behalf of a client is binding on the client, even if the advocate's actual authority was less than what was represented, and such an undertaking may give rise to judgment on admissions.

Court Disposition

judgment for applicant

Orders

  • The undertaking is binding on the respondent.