Whelton Sinclair (a firm) v Hyland
Whelton Sinclair (a firm) v Hyland
- 1992
- Estates Gazette (1992) 41 EG 112-115(4) .
CA 1 May 1991. Appeal against a decision in the County Court whereby judgement was given to the defendant against a claim for fees, made by Whelton Sinclair, a firm of solicitors. Briefly, at issue was whether the plaintiff firm had been instructed, and whether duty was owed in contract and/or tort.The case primarily concerned whether Mr Hyland gave the solic- itor instructions in connection with the negotiation of a new lease. Held, dismissing the appeal. The judge was entitled to find that telephone conversations had taken place; when instructions were received by way of telephone conversations, a concluded contract to act on behalf of the defendant arose.
CA 1 May 1991. Appeal against a decision in the County Court whereby judgement was given to the defendant against a claim for fees, made by Whelton Sinclair, a firm of solicitors. Briefly, at issue was whether the plaintiff firm had been instructed, and whether duty was owed in contract and/or tort.The case primarily concerned whether Mr Hyland gave the solic- itor instructions in connection with the negotiation of a new lease. Held, dismissing the appeal. The judge was entitled to find that telephone conversations had taken place; when instructions were received by way of telephone conversations, a concluded contract to act on behalf of the defendant arose.