The defendants brought a motion under Rules 20.04 and 49.09 of the Rules of Civil Procedure seeking judgment enforcing a purported settlement allegedly accepted by the plaintiff’s solicitor.
The court found that the solicitor falsely represented that he had instructions to accept the settlement offer and acted without authority from the plaintiff.
The evidence established that the plaintiff had never agreed to the settlement and had not provided instructions directly or indirectly to accept it.
The court further held that it was not reasonable for the defendants to assume that the solicitor had authority to settle without explicit client instructions in light of prior communications.
The motion to enforce the settlement was dismissed, and the plaintiff’s former solicitor was ordered personally to pay the costs of the motion on a substantial indemnity scale under Rule 57.07.
