Facts
- The claimant solicitors commenced a defamation action against the defendant
- The solicitors’ client became insane during the proceedings
Issue
- Were the claimants liable for breaching their warranty of authority to the defendants that they had authority to bring their claim?
Decision
- Yes
Reasoning
- The solicitors were strictly liable for the breach of their warranty as to their client’s capacity
- It was irrelevant that the insanity of the claimant solicitors’ client was not known to the solicitors
