Court of Appeal considers identity, capacity and loss
The question of whether a party has entered into a contractual arrangement as principal for itself or as agent for another entity can be pivotal in a contractual claim. The issue may be raised as a defence, for example, where a defendant is trying to argue that the claimant individual has not suffered the requisite loss and therefore that the claim has no teeth even if liability is made out.
Alternatively it may be raised where a defendant is trying to escape contractual liability by sheltering behind an entity with which the claimant in fact has the contractual nexus. These issues were at the centre of Muneer Hamid (t/a Hamid Properties) v Francis Bradshaw Partnership  EWCA Civ 470…
If you are registered and logged in to the site, click on the link below to read the rest of the Allen & Overy briefing. If not, please register or sign in with your details below.
News from Allen & Overy
News from The Lawyer
Briefings from Allen & Overy
The ITC has reaffirmed its power to ban electronic transmissions from the US where those transmissions infringe an intellectual property right or are otherwise based on an unfair trade practice.
A new French law, the ‘Law to recapture the real economy’ (‘Loi visant à reconquérir l’économie réelle’ or ‘Loi Florange’), was made on 1 April 2014.
Analysis from The Lawyer
Imagine you’re the general counsel of London-based private equity investor BC Partners. You’re sipping on your coffee, hashing out the details of your imminent £382m investment into UK-based business publishing company Mergermarket.
‘Exotic’ investors and opportunities for legal work beyond M&A feature in The Lawyer’s high-level roundtable debate on south-east Europe