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 (1) AMB Generali Holding AG (2) Manches (A Firm) (3) Specher Grier Halberstam (4) Portner & Jaskel (Appellants) v Seb Trygg Liv Holding Aktiebolag (Respondent)(Respondent) [2005] EWCA Civ 1237

The warranty that a solicitor gave was that he had a client who had instructed him to assert or deny the claims made in the proceedings against the opposing party. He did not warrant that the client had the name by which he appeared in the proceedings. As a matter of principle it would not be right to impose strict liability on a solicitor for incorrectly naming his client.

25 November 2005

The appellant (M) appealed against the decision ([2005] EWHC 35 (Comm); (2005) 2 Lloyd's Rep 129) that it was a party to certain arbitration proceedings and the solicitors who had successively acted for M in the arbitration appealed against the judge's finding that they had been in breach of a warranty that the client for whom they acted bore the name in which they pursued the proceedings. The claimant (S) had purchased the total shareholding in an insurance company, Interlife. One of the vendors of its holding in Interlife was a company (X). X later transferred its rights under the Interlife sale agreement to a subsidiary Y. Subsequently X ceased to exist after merging with M, its parent company. The sale of Interlife gave rise to disputes between S and the vendors which led to arbitration proceedings. Those proceedings were brought in the name of X as a claimant and not that of M which by then had succeeded to the claim. S later queried whether X still existed. M then instructed its ...

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