Gowans v Teneco (Polbeth Packaging) Ltd [2000] ScotCS 261 (18 October 2000)
The pursuer gave actual authority to his solicitor to settle the claim for £10,000; the settlement was validly concluded on 29 January 1999 and the pursuer's subsequent attempt to withdraw authority was ineffective.
- Citation
- [2000] ScotCS 261
- Parties
- Pursuer: Steven Gowans; Defenders: Teneco (Polbeth Packaging) Ltd
- Jurisdiction
- Scotland
- Judgment Date
- 18 October 2000
- Procedural Posture
- Personal Injury Claim for Damages / Proof on Whether Claim Was Settled
- Outcome
- Defenders assoilzied (absolved from liability); claim held to be settled.
- Legal Topics
- Authority of Solicitor to Settle, Compromise of Litigation, Actual Authority, Settlement Agreements, Personal Injury Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Steven Gowans
Pursuer
Teneco (Polbeth Packaging) Ltd
Defenders
Procedural Posture
Personal Injury Claim for Damages / Proof on Whether Claim Was Settled
Legal Issues
- 1 Whether the pursuer's claim for damages was validly settled by his solicitor with authority
- 2 Whether the pursuer gave actual authority to his solicitor to settle the claim for £10,000
Ratio Decidendi
The pursuer gave actual authority to his solicitor to settle the claim for £10,000; the settlement was validly concluded on 29 January 1999 and the pursuer's subsequent attempt to withdraw authority was ineffective.
Court Disposition
Defenders assoilzied (absolved from liability); claim held to be settled.
Orders
- Defenders' second plea in law upheld
- Pursuer's claim dismissed as settled
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