Scottish/Dutch collaboration bears fruit
In March 2009 the Edinburgh Centre for Commercial Law held a book launch to mark the publication of The Unauthorised Agent: Perspectives From European and Comparative Law (Cambridge University Press, 2009). This book was a comparative project, co-edited by the Centre's Laura Macgregor and her Dutch colleague, Danny Busch of the University of Nijmegen. This book has now been referred to by the Attorney-General in a significant case on apparent authority in the Dutch Supreme Court.
The case in question is Ing Bank NV v Bera Holding NV, LJN: BK7671, Hoge Raad, 08/02127, (unfortunately not yet available in English). The Court has developed and applied the relatively radical idea of the risk principle. The risk principle was analysed by Laura and Danny in a joint article appearing in the Edinburgh Law Review in 2007, 'Apparent authority in Scots law: some international perspectives', pp. 349-378. The practical effect of the risk principle is to extend the ambit of the principal's liability for his agent's unauthorised activities, thus protecting third parties seeking to contract with the principal.
The members of the Centre would like to take this opportunity to extend their warmest congratulations to Danny for his recent appointment as Professor of Financial Law at the University of Nijmegen. Danny has visited Edinburgh Law School in the past and is currently working with another Centre member, David Cabrelli, on a project concerning the liability of asset managers. The Centre very much hopes that our Scottish/Dutch collaboration continues to bear fruit.