header-logo header-logo

21 May 2009 / Allan Reason , Ben Fairhead
Issue: 7370 / Categories: Features , Costs , Commercial
printer mail-detail

Don't get wasted!

Allan Reason & Ben Fairhead highlight the dangers of acting without requisite authority

* * * * * *

The need to ensure that a corporate client provides proper authority to a firm of solicitors to act in proceedings is a point that can be easily overlooked, despite it being of crucial importance. A recent application for costs serves as a powerful illustration of what can happen when a firm acts without establishing the existence of that authority.

Recent scenario

The story starts in 2001 when a company (Company JV), until that point controlled exclusively by an individual (Mr K) at board and shareholder level, became a joint venture company. This followed the sale by one of the other companies controlled by Mr K (Company A) of its shareholding in Company JV to a separate company (Company B). Company B was a member of a different group of companies managed by a Mr D. Mr K and Mr D became the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Charles Russell Speechlys—Nadim Meer

Charles Russell Speechlys—Nadim Meer

Private equity specialist joins corporate team as partner

Mayo Wynne Baxter—Belinda Mercer & Rohit Walia

Mayo Wynne Baxter—Belinda Mercer & Rohit Walia

Firm strengthens employment team with two solicitor appointments

NLJ Career Profile: Maynard Burton, High Sheriff of Worcestershire

NLJ Career Profile: Maynard Burton, High Sheriff of Worcestershire

After more than four decades in law, former mfg Solicitors chairman Maynard Burton reflects on leadership and his new role as High Sheriff of Worcestershire

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll