In clear cases of breach of a solicitor's warranty of authority to act and consequent recoverable loss, the court could summarily determine the solicitors' liability for damages on a compensatory basis. However where there were real issues as to facts or law, as in the instant case, the courts should not do so, but should leave the opposite party to start proceedings by issuing a claim for breach of warranty of authority.

[2005] EWHC 15 (Comm)

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