Encyclopædia of the Laws of England With Forms And Precedents By ..., volume 1

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Encyclopædia of the Laws of England With Forms And Precedents By ..., volume 1
Alexander Wood Renton, Maxwell Anderson Robertson, Frederick Pollock, William Bowstead
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Certainly, if the client is present and does not repudiate the authority (Bedman on Arbitrations, 15). When a compromise is con- templated, and litigation is to cease upon terms to be arranged, counsel can then only act under special instructions (Crowder, J., in Sxvinfen v.
Swinfen, 1856, 1 C. B. N. 8. 364). Counsel in a breach of promise of marriage action was held to have authority to agree to judgment being entered for the defendant upon terms, but not to agree to deliver up the defendant's
... letters {Kempshall v. Holland, 1895, 14 R 336). [This question was raised in Neale v. Gordon Lennox, [1902] A. C. 465, in which case the House of Lords held that the Court had jurisdiction to set aside an agreement to refer an action on certain terms, such agree- ment having been entered into by counsel who had exceeded his authority, even though the limitations to his authority were not known to the other side.] Consent, — ^When counsel has once given his consent to a compromise, and there has been no mistake or error, that consent cannot be withdrawn {Harvey v.

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