Author Archives: admin

Can an agent act for a competitor of his original principal?

To what extent is an agent entitled to act for a competitor of his original principal?  This important question was considered by the Court of Appeal in Rossetti and Anor v Diamond Sofa Company Ltd ([2012] EWCA Civ 1021) in … Continue reading

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Thoughts on frustration of contract in Scots law

One of the classes on offer during Innovative Learning Week was a class called "Blogging in private law."  The class discussed the recent case of Lloyds TSB Foundation For Scotland v Lloyds Banking Group plc ([2011] CSOH 105 and [2011] CSIH … Continue reading

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Aberdeen City Council wins Supreme Court interpretation appeal: Aberdeen CC v Stewart Milne Group Limited [2011] UKSC 56

Earlier today the Supreme Court issued its judgment in the Aberdeen City Council v Stewart Milne Group Limited appeal ([2011] UKSC 56).  The Court had little difficult in reaching a unanimous decision in favour of the Council, upholding the decisions … Continue reading

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International Commercial Arbitration: The Edinburgh Centre for Commercial Law and Hogan Lovells

Members of the Edinburgh Centre for Commercial Law were delighted to welcome Michael Davison from Hogan Lovells as a speaker this week.  Hogan Lovells offer an internship scheme as a prize for the two top students in the International Commercial … Continue reading

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Supreme Court of Singapore on apparent authority: Skandinavska Enskilda Banken AB (Publ) v Asia Pacific Breweries (Singapore) Pty Ltd and Anor

The English Court of Appeal case of First Energy v Hungarian International Bank ([1993] 2 Lloyd’s Rep 194) poses particular problems for those seeking to understand the law of apparent authority in agency.  The House of Lords in Armagas Ltd … Continue reading

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The solicitor’s warranty of authority

A third party is protected against unauthorised activity of agents in different ways.  If the criteria are established, he may be able to raise an action against the principal for damages on the basis of apparent authority.  If the principal, … Continue reading

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The agent’s fiduciary duties: FHR European Ventures LLP & Ors v Mankarious & Ors

FHR European Ventures LLP & Ors v Mankarious & Ors [2011] EWHC 2308 (Ch) provides a useful illustration of the way in which the English courts treat the acceptance by an agent of secret commission as a breach of the agent’s … Continue reading

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The line between an (enforceable) liquidated damages clause and an (unenforceable) penalty clause

A recent decision from the Inner House,  Hill and Anor v Stewart Milne Group and Gladedale (Northern) Ltd [2011] CSIH 50 sheds light on liquidated damages clauses and when they may amount to unenforceable penalties.  The alleged penalty was contained … Continue reading

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Vicarious liability: Skandinavska Enskilda Banken AB v Asia Pacific Breweries (Singapore) Pte Ltd

The vicarious liability of an agent is an issue which has not been analysed in much depth by the Scottish courts.  Some argue that there is no such thing as vicarious liability in agency: merely that the agent is treated … Continue reading

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Dissolution of Partnerships – Scottish and English Differences

A recent English High Court case, Boghani v Nathoo [2011] EWHC 2101 (Ch) provides an interesting illustration of the differences between Scots and English partnership law caused by the fact that the Scottish firm has separate legal personality whilst the … Continue reading

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