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27 January 2011
Issue: 7450 / Categories: Case law , Law digest
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Agent & principal

Novasen SA v Alimenta SA [2011] All ER (D) 118 (Jan), [2011] EWHC 49 (Comm)

It was established law that an undisclosed principal could sue and be sued on a contract made by an agent on his behalf, acting within the scope of his actual authority. In entering into a contract, the agent had to intend to act on his principal’s behalf. The agent of an undisclosed principal might also sue and be sued on the contract.

Any defence which the third party might have against the agent was available against his principal. The terms of the contract might, expressly or by implication, exclude the principal’s right to sue and his liability to be sued. The contract itself, or the circumstances surrounding the contract, might show that the agent was the true and only principal.
 

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Fieldfisher—Will Sharp

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Leonard Curtis Legal expands corporate team with twonew appointments

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The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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