Hendry's Trustees v. Hendry [1916] ScotLR 757 (18 July 1916)

The defender gave authority to his legal advisers to settle the action for £750 in full; the settlement agreement signed by counsel was within the scope of the mandate and binds the defender, including ancillary terms.

Citation: [1916] ScotLR 757
Parties: Pursuers: William John Hendry, Frederick Johnston, Horace Howard Hendry; Defender: Alexander M'Glashan Hendry
Jurisdiction: Scotland
Judgment Date: 18 July 1916
Procedural Posture: Civil / Appeal (reclaiming Note)
Outcome: Appeal dismissed; interlocutor adhered to.
Legal Topics: Mandate of Counsel, Extra Judicial Settlement, Authority of Legal Representatives, Implementation of Settlement Agreements

Trusts and Estates Civil Procedure Mandate of Counsel Extra Judicial Settlement Authority of Legal Representatives Implementation of Settlement Agreements

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Parties

William John Hendry, Frederick Johnston, Horace Howard Hendry

Pursuers

Alexander M'Glashan Hendry

Defender

Procedural Posture

Civil / Appeal (reclaiming Note)

Legal Issues

1 Whether the defender authorised his legal advisers to settle the action for £750 in full
2 Whether the settlement agreement signed by counsel binds the defender
3 Scope of counsel's authority in extra-judicial settlements

Ratio Decidendi

Court Disposition

Appeal dismissed; interlocutor adhered to.

Orders

Defender ordered to execute assignation and discharge in terms of draft deed within one month.
If defender fails, Clerk of Court authorised to execute assignation and discharge in lieu.