Construction company directors beware! Agency law may not protect you.
Anthony Edwards successfully argued for the claimant in the High Court TCC that the laws of agency did not protect a particular director of a construction limited company. The Judge, Coppel Q.C, found that Mr Foster contracted in his personal capacity. Mr Foster structured numerous limited companies under a brand name Foster & Co. and failed to properly inform the Claimant of any of his limited companies. Instead, his conduct was such as to lead the claimant into thinking he was contracting in a personal capacity under the trading name of Foster & Co. see Lumley v Foster & Co Group Ltd & Ors  TCC.