Chester 01244 405555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

Shrewsbury 01743 443 043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Airport City, Manchester 0844 800 8346

Office 129
Manchester Business Park
3000 Aviator Way
Manchester M22 5TG

Send us a message
Our Offices

Hamid v Francis Bradshaw Partnership

19th June, 2013

The recent case of Hamid v Francis Bradshaw Partnership has highlighted the need to ensure the signatory of a document qualifies the context he is signing in.

In the above case, the signatory had signed his name above and below the trading name, Moon Furniture. The other party to the contract interpreted this as meaning that Dr Hamid was signing as an individual, with the trading name Moon Furniture, however, this was not the case. Moon Furniture was actually the trading name of Chad Furniture Store Limited (“Chad”).

No reference had been made to the fact Moon Furniture was in fact a trading name of a limited company. Dr Hamid did not qualify his signature or make it clear that the contract did not bind him personally; therefore Dr Hamid personally was held to be a party to the contract.

It is therefore important to ensure you make the capacity in which you are signatory clear. If you do not do this you could find that you inadvertently become a contracting party. Further to this, had Dr Hamid have been found to have signed on behalf of Chad, rather than as an individual, the company could have faced fines for failing to comply with the Companies Act 2006. This was because the company name and address were not present on the document, as is required by the Companies Act.

Any contractual agreement should therefore be considered properly and the relevant advice sought to ensure that it is clear who the contracting parties are and to ensure the document complies with the relevant requirements of the Companies Act.

For more information please contact John Devoy on 01244 405523 or email [email protected]

You might also be interested in...

Ethics Guidance – Transparency in Price and Service

16th November, 2018

It is reported that a quarter of all complaints dealt with by the Legal Ombudsman revolve around costs therefore to avoid complaints and confusion, it is important to be clear from the outset. The new Transparency Rules (which the SRA have now confirmed will come into effect on 6 December 2018) require that accurate and relevant information is... Read More »

Aaron & Partners Increases Recommendations in Leading Industry Guide, The Legal 500

5th November, 2018

Aaron & Partners LLP has once again seen improved rankings in The Legal 500 – a comprehensive guide... Read More »

Mental Health and Stress in the Workplace – 3/3

10th October, 2018

In the lead up to World Mental Health Day on 10 October 2018, we have been posting a series of short articles discussing mental health and stress in the workplace. In this final article, we will be providing tips, to employers and employees, for managing stress and dealing with mental ill health in the workplace. Click here to... Read More »

Contact Us