06 October 2023
The Supreme Court case of Philipp v Barclays Bank considered the issue of ‘authority’ as well as the issue of duty of care owed customers, Mary Young, partner, Kingsley Napley, writes in this week’s NLJ
The court, in Philipp, considered the scope of an agent’s authority.
Young
writes that the court ‘considered the nature of the instruction received from
the customer. In particular, it looked at the effect of dishonesty on an
agent’s authority’. Young notes the distinction between ‘misuse’ and ‘absence
of’ authority.
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