Connolly & Anor v. Brown [2004] ScotCS 126 (27 May 2004)

Connolly & Anor v. Brown [2004] ScotCS 126 (27 May 2004)

Agency terminated when defender indicated interest in purchasing property, but it is arguable that a duty of trust and confidence persisted, requiring disclosure of third-party offer; factual inquiry required to determine if such duty existed and was relied upon.

Citation
[2004] ScotCS 126
Parties
Pursuer: Gordon Connolly; Pursuer: Mrs Ann Teresa Connolly; Defender: Neville Stuart Brown
Jurisdiction
Scotland
Judgment Date
27 May 2004
Procedural Posture
Account Reckoning and Payment / Procedure Roll, Relevancy Challenge
Outcome
Proof before answer allowed; all pleas standing.
Legal Topics
Termination of Agency, Fiduciary Duties Post Agency, Duty to Disclose, Property Sale
Agency Law Property Law Termination of Agency Fiduciary Duties Post Agency Duty to Disclose Property Sale

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Parties

Gordon Connolly

Pursuer

Mrs Ann Teresa Connolly

Pursuer

Neville Stuart Brown

Defender

Procedural Posture

Account Reckoning and Payment / Procedure Roll, Relevancy Challenge

Legal Issues

  1. 1 Whether agency relationship persisted at time of property sale
  2. 2 Whether fiduciary duties survived termination of agency
  3. 3 Duty to disclose third-party offer after agency ended

Ratio Decidendi

Agency terminated when defender indicated interest in purchasing property, but it is arguable that a duty of trust and confidence persisted, requiring disclosure of third-party offer; factual inquiry required to determine if such duty existed and was relied upon.

Court Disposition

Proof before answer allowed; all pleas standing.

Orders

  • Inquiry into facts ordered to determine existence and reliance on post-agency fiduciary duty.