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England and Wales High Court (Queen's Bench Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Adams & Ors v Atlas International Property Services Ltd & Ors [2016] EWHC 2680 (QB) (28 October 2016) URL: https://www.bailii.org/ew/cases/EWHC/QB/2016/2680.html Cite as: [2017] Bus LR 287, [2016] EWHC 2680 (QB) |
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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ROGER KEITH ADAMS and Others |
Claimants |
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- and – |
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ATLAS INTERNATIONAL PROPERTY SERVICES LIMITED and Others |
Defendants |
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Peter Knox
QC (instructed by Carter Lemon Camerons LLP) for the Claimants
David Turner QC and Ben Smiley (instructed by Alberto Perez Cedillo) for Miguel Ángel Aroca Seiquer and Aroca Seiquer & Asociados SL
Hearing dates: 5, 6, 10, 11, 12, 13, 14, 17, 18, 19 and 21 October 2016
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Crown Copyright ©
Mr Justice Lavender:
(1) Article 82(1), para. 8-114:
"Where an agent enters into a contract on which he is personally liable, and judgment is obtained against him on it, the judgment, though unsatisfied is, so long as it subsists, a bar to any proceedings against the principal, undisclosed or (perhaps) disclosed, on the contract."
(2) Article 104, para. 9-057:
"Any liability of an agent on any contract made by an agent on behalf of his principal is discharged by the obtaining of judgment against the principal, …"
"If they have to make an election, it is only if and when judgment is given in their favour."