IN THE APPEAL BY STANLEY FRANCIS MAZUR AGAINST PRIMROSE AND GORDON WS [2015] ScotCS CSIH_8 (22 January 2015)

IN THE APPEAL BY STANLEY FRANCIS MAZUR AGAINST PRIMROSE AND GORDON WS [2015] ScotCS CSIH_8 (22 January 2015)

The law entitles parties to rely on the ostensible authority of solicitors to compromise litigation, regardless of the client's actual instructions, unless the opposing party is aware of a material defect in the agency relationship. No error of law was found in the lower courts' approach. Mr Mazur's remedy, if any, lies against his former solicitor, not the defenders.

Citation
[2015] ScotCS CSIH_8
Parties
Pursuer and Appellant: Stanley Francis Mazur; Defenders and Respondents: Primrose & Gordon WS
Jurisdiction
Scotland
Judgment Date
22 January 2015
Procedural Posture
Civil Appeal / Appeal From Sheriff Principal to Inner House, Court of Session
Outcome
appeal refused; interlocutor of Sheriff Principal affirmed
Legal Topics
Ostensible Authority of Solicitors, Compromise of Litigation, Personal Bar, Professional Negligence, Settlement Agreements, Fraud Allegations, European Convention on Human Rights Article 6
Contract Law Agency Law Professional Negligence Civil Procedure Ostensible Authority of Solicitors Compromise of Litigation Personal Bar Settlement Agreements +2 more

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Parties

Stanley Francis Mazur

Pursuer and Appellant

Primrose & Gordon WS

Defenders and Respondents

Procedural Posture

Civil Appeal / Appeal From Sheriff Principal to Inner House, Court of Session

Legal Issues

  1. 1 Whether a solicitor's ostensible authority binds the client in settlement despite express contrary instructions
  2. 2 Whether the defenders were entitled to rely on the solicitor's ostensible authority to settle
  3. 3 Whether the settlement agreement is void due to alleged fraud or breach of instructions

Ratio Decidendi

The law entitles parties to rely on the ostensible authority of solicitors to compromise litigation, regardless of the client's actual instructions, unless the opposing party is aware of a material defect in the agency relationship. No error of law was found in the lower courts' approach. Mr Mazur's remedy, if any, lies against his former solicitor, not the defenders.

Court Disposition

appeal refused; interlocutor of Sheriff Principal affirmed

Orders

  • Appeal refused
  • Interlocutor of Sheriff Principal dated 8 April 2014 affirmed