Nationwide Building Society v Lewis and another
Nationwide Building Society v Lewis and another
- 1998
- All England Law Reports [1998] ALLER 143-153(11) .
CA 24 February 1998. In June 1990 W joined L, a sole principal, as a `salaried partner` in his firm of solicitors, and his name was added to the firm`s notepaper. The firm subsequently acted for N in a mortgage transaction. The matter was handled solely by L, but the final report was accompanied by a letter on the firm`s notepaper giving the names of L and W. N commenced proceedings for damages for negligence against L and W. W contended that he was not in fact a partner in the firm and was not therefore liable for L`s negligent acts. On a trial of preliminary issues the judge held that W was liable and W appealed. "Held" there was no evidence to suggest that N had relied on the suggested representation that W was a partner giving his authority to the report, and therefore W was not liable. Appeal allowed.
BREACH OF CONTRACT
EMPLOYEES
FRASER RE EX P CENTRAL BANK OF LONDON
HOLDING OUT
HUDGELL YEATES & CO V WATSON
LIABILITY
LYNCH V STIFF
MORTGAGES
NEGLIGENCE
PARTNERSHIPS
SALARIED PARTNER
SOLICITORS
CA 24 February 1998. In June 1990 W joined L, a sole principal, as a `salaried partner` in his firm of solicitors, and his name was added to the firm`s notepaper. The firm subsequently acted for N in a mortgage transaction. The matter was handled solely by L, but the final report was accompanied by a letter on the firm`s notepaper giving the names of L and W. N commenced proceedings for damages for negligence against L and W. W contended that he was not in fact a partner in the firm and was not therefore liable for L`s negligent acts. On a trial of preliminary issues the judge held that W was liable and W appealed. "Held" there was no evidence to suggest that N had relied on the suggested representation that W was a partner giving his authority to the report, and therefore W was not liable. Appeal allowed.
BREACH OF CONTRACT
EMPLOYEES
FRASER RE EX P CENTRAL BANK OF LONDON
HOLDING OUT
HUDGELL YEATES & CO V WATSON
LIABILITY
LYNCH V STIFF
MORTGAGES
NEGLIGENCE
PARTNERSHIPS
SALARIED PARTNER
SOLICITORS