Alex Whatley has written an analysis of Advanced Multi-Technology for Medical Industry & Ors v Uniserve Limited & Ors [2024] EWHC 1725 (Ch)

21st November 2024

3PB's commercial and property barrister Alex WhatleyAlexander WhatleyCall: 2014 has written an analysis of Advanced Multi-Technology for Medical Industry & Ors v Uniserve Limited & Ors [2024] EWHC 1725 (Ch), in which The High Court  considered the circumstances in which an agent could bind its principal in making representations and variations in commercial contract agreements.

The Claimant, (“Hitex”), was a manufacturer of face masks used during the Covid pandemic. The Defendant, (“Uniserve”), had agreed to purchase 80 million masks between April and July 2020. Hitex claimed that Uniserve, in breach of contract, failed to receive and pay for the majority of the masks resulting in damages of $23.1m. Uniserve counterclaimed for delays in performance of the supply contract and misrepresentations allegedly made on Hitex’s behalf.

The Court upheld Hitex’s Claim against Uniserve and dismissed their Counterclaim.  Both claims primarily turned on the limitations of apparent authority. The Court’s decision has provided helpful guidance for the application of agency law in commercial transactions. The court’s finding that Uniserve conducted its own due diligence before signing the Supply Contract underscores the importance of independent verification. Companies should document diligence efforts to avoid claims of reliance on third-party statements.

Please click here to read the full article

Alexander Whatley is a Commercial Law barrister who specialises in agency, commercial chancery and professional negligence.

You can contact Alexander Whatley on [email protected]. To instruct him, or see about his availability, please contact his clerk David Fielder on [email protected] by calling him on 020 7583 8055.