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Civil procedure – Settlement of action – Ostensible authority of agent. Court of Session: Refusing an appeal in an action in which the pursuer's solicitor had accepted a tender in settlement of the action contrary to his express instructions to refuse it, the court held that a party to litigation was entitled to rely on the ostensible authority of the solicitor acting for the opposite party to compromise an action, the pursuer's submissions that his solicitor had acted fraudulently had no substance, and his right to a fair and public hearing of his claim had not been infringed.
Civil procedure – Settlement of action – Ostensible authority of agent. Court of Session: Refusing an appeal in an action in which the pursuer's solicitor had accepted a tender in settlement of the action contrary to his express instructions to refuse it, the court held that a party to litigation was entitled to rely on the ostensible authority of the solicitor acting for the opposite party to compromise an action, the pursuer's submissions that his solicitor had acted fraudulently had no substance, and his right to a fair and public hearing of his claim had not been infringed.
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