McCann v Messrs Waddell and Macintosh, Solicitors & Ors [2014] ScotCS CSOH_15A (30 January 2014)

McCann v Messrs Waddell and Macintosh, Solicitors & Ors [2014] ScotCS CSOH_15A (30 January 2014)

Mr McCann Senior had actual authority to conclude missives for the sale of Sillyhole on behalf of the pursuer, or alternatively apparent authority. Advice given to Mr McCann Senior as agent is binding on the pursuer. The pursuer received no direct advice, but is bound by advice given to his agent. The evidence of the pursuer and Mr McCann Senior regarding lack of authority is rejected in favour of the evidence of Mr Gibson and Mrs Nisbet.

Citation
[2014] ScotCS CSOH_15A
Parties
Pursuer: Stephen McCann; Witness: Robert McCann Senior; Witness: Michelle Edens; Witness: Jess Nisbet; Witness: Stuart Jackson; Witness: Raymond Clyde; Defender's Solicitor: Mr Gibson; Defenders: Waddell & Mackintosh; Defenders' Counsel: Mr McBrearty
Jurisdiction
Scotland
Judgment Date
30 January 2014
Procedural Posture
Civil / Judgment
Outcome
defenders succeed; pursuer's claim dismissed
Legal Topics
Authority of Agent, Solicitor's Duty of Care, Missives for Sale, Credibility of Witnesses
Agency Contract Professional Negligence Authority of Agent Solicitor's Duty of Care Missives for Sale Credibility of Witnesses

Case Brief

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Parties

Stephen McCann

Pursuer

Robert McCann Senior

Witness

Michelle Edens

Witness

Jess Nisbet

Witness

Stuart Jackson

Witness

Raymond Clyde

Witness

Mr Gibson

Defender's Solicitor

Waddell & Mackintosh

Defenders

Mr McBrearty

Defenders' Counsel

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Did the pursuer receive advice from the defenders regarding clause 4 of the missives?
  2. 2 Did Mr McCann Senior have authority to conclude missives for the sale of Sillyhole on behalf of the pursuer?
  3. 3 Did Mr Gibson give the advice he claimed to have given on 27 August 2004?

Ratio Decidendi

Mr McCann Senior had actual authority to conclude missives for the sale of Sillyhole on behalf of the pursuer, or alternatively apparent authority. Advice given to Mr McCann Senior as agent is binding on the pursuer. The pursuer received no direct advice, but is bound by advice given to his agent. The evidence of the pursuer and Mr McCann Senior regarding lack of authority is rejected in favour of the evidence of Mr Gibson and Mrs Nisbet.

Court Disposition

defenders succeed; pursuer's claim dismissed

Orders

  • Pursuer's claim dismissed
  • No damages awarded