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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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A friend of mine owns a company that has as one of its assets

Resolved Question:

A friend of mine owns a company that has as one of its assets a reservoir. Under the Reservoirs Act 1975 the company is required to appoint consulting engineers to assess and report on the condition of the reservoir. This has been done and although the Environment Agency and Land Registry documents clearly show that the limited company is the legal owner of the reservoir, the appointed engineers insisting on sending invoices addressed to my friend as a director of the company. It has been pointed out to the engineers that the were appointed by the Ltd Company as owner and undertaker of the reservoir and not by a director acting in a personal capacity. Despite this a claim form for unpaid fees has now been received by my friend. Can the claim be defended on that grounds that the wrong person is named as defendant? Are there decided cases that can be cited as part of the defence? The amount of the claim is about £800.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
£800 would make it a small claim. He needs to reply and defend the claim on the basis that he did not personally instruct the Company, it was as an employee and the Ltd company is vicariously liable. The Court will then give directions and if necessary your friend can apply to the Court once the defence is filed to strike out the claim on the basis he is not personally liable.
You wont need case law as it is a small claim, but its trite law anyway, a company is vicariously liable for actions of employes.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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