Can a solicitor sign a contract on behalf of a client?
Can a solicitor sign a contract on behalf of a client?
A solicitor is not a salesman and a finding that a client had authorized a solicitor whom he consulted to sell his land would require clear and cogent evidence.” 38 The High Court appears to have been of the view that the solicitor did not have ostensible authority to bind his client to a contract for the sale of land.
Where does a solicitor accept a claim form?
(b) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within the jurisdiction, the claim form must be served at the business address of that solicitor.”
Can a defendant nominate an address for a solicitor?
The defendant can nominate an address or a solicitor can write confirming they are nominated. There is not a requirement for both. The word “must” is used. (However, despite the word “must” being used there is an exception in the case of a limited company – that can always be served at its registered office.)
When does a solicitor not have ostensible authority?
35 The trend of recent authority is that a solicitor does not have implied or ostensible authority to commit his or her client to a contract by negotiation or correspondence with the opposite party. That is different from the question whether a solicitor has ostensible authority to bind his or her client by an exchange of identical counterparts.
(b) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within the jurisdiction, the claim form must be served at the business address of that solicitor.”
When does a solicitor not represent both parties?
The Solicitor’s Code of Conduct explains that a solicitor must not represent both parties to the transaction if there is a conflict of interest or a significant risk of there being a conflict at some point during the matter.
The defendant can nominate an address or a solicitor can write confirming they are nominated. There is not a requirement for both. The word “must” is used. (However, despite the word “must” being used there is an exception in the case of a limited company – that can always be served at its registered office.)
When do you have to serve proceedings on the nominated solicitors?
In any event proceedings were not served on the nominated solicitors. The issue before the Court of Appeal was whether the service on the defendant in these circumstances was proper service within the rules. Rule 6.5 (5) (4) states that any document must be served or left at “ the address for service given by the party to be served.”