Appendix 1

LLOYD'S LITIGATION (AND RELATED LITIGATION)

LIST OF CASES


  Date Title of Action Description
1. 29.11.90 Lark v Outhwaite
[1991]LRLR 1.
Hirst J. Trial of preliminary issues. Wellington Agreement.

2.

11.03.90

Hiscox v Outhwaite
[1991] LRLR 93.

HL. Arbitration award was a Convention award.

3.

10.91

Stockwell v Outhwaite.

The first Names' action to go to trial - settled January 1992 without judgment being delivered.

4.

03.03.92

Boobyer v David Holman & Co Ltd and the Society of Lloyd's
[1992] 2 Lloyd's Rep 436.

Mervyn Davies J. Transfer to the Commercial Court.

5.

1.04.92

Ashmore and Others v Corporation of Lloyd's
[1992] 2 Lloyd's Rep 1.

House of Lords allowed appeal from decision of CA (20.9.91). Order of Gatehouse J that preliminary points of law should be ordered, upheld.

6.

16.04.92

Boobyer v David Holman & Co Limited and The Society of Lloyd's (No. 2)
[1993] 1 Lloyd's Rep 96.

Judgment of Saville J refusing the Names' application to restrain members' agents from giving notices required to use their personal reserves and securities at Lloyd's to meet unpaid cash calls.

7.

14.05.92

Napier & Ettrick and Others v R.F. Kershaw Ltd and Others.

Judgment of Saville J. The Premium Trust Deed did not embrace sums recovered in litigation against agents (Outhwaite) in respect of negligent underwriting.

8.

22.05.92

R v Lloyd's of London ex parte Briggs and Others.

Judgment of Beldam LJ and Laws J rejecting the applicants' claims for an interlocutory injunction to restrain the respondents pending the hearing of the application for judicial review from drawing down on the applicants' deposits.

9.

12.06.92

Napier & Ettrick and Others v R.F. Kershaw Ltd and Others
[1993] 1 Lloyd's Rep 10.

Judgment of Saville J in relation to subrogated claims to Outhwaite settlement moneys advanced by Stop Loss Underwriters (see 9.7.92 and 10.12.92 below).

10.

02.07.92

Ashmore and Others v Corporation of Lloyd's (No. 2)
[1992] 2 Lloyd's Rep 620.

Litigation in relation to Oakeley Vaughan syndicates. Judgment of Gatehouse J on preliminary points of law rejecting the specific duties contended for by the Names:- (a) a duty to take reasonable steps to alert the plaintiffs Names about matters which might seriously affect their underwriting interests and (b) a duty to impose a premium income monitoring system even if it was only an ad hoc system of monthly monitoring of the syndicates managed by an agent in trouble.

11.

9.7.92

Napier & Ettrick and Others v R.F. Kershaw Ltd and Others
[1993] 1 Lloyd's Rep 10.

CA. Dillon LJ, Staughton LJ and Nolan LJ. Partially successful appeal by stop loss insurers against the decision of Saville J on 12.06.92 (see 10.12.92 below).

12.

17.07.92

R v Lloyd's of London ex parte Briggs and Others
[1993] 1 Lloyd's Rep 176.

Judgment of Leggatt LJ and Popplewell J. Successful application by Lloyd's to set aside leave to move for judicial review granted by Potts J on 19.05.92 in relation to cash calls on Names (see 22.05.92 above).

13.

10.12.92

Napier & Ettrick and Another v Hunter and Others
[1993] AC 713
[1993] LRLR 305.

HL. Appeal concerning subrogated claim of stop loss insurers. Stop loss insurers' appeal allowed. Stop loss insurers had a lien over settlement moneys. Names' cross appeal dismissed. Names not entitled to be indemnified out of the settlement moneys until the stop loss insurers had been indemnified in full pursuant to their right of subrogation.

14.

16.12.92

R v Corporation of Lloyd's ex parte Lorimer.

Pill J. Application to quash decision of Lloyd's Members' Hardship Committee refused.

15.

15.03.93

The Society of Lloyd's v Morris and Others.

Judgment of Tuckey J. Recoveries under Personal Stop Loss Policies taken out by Names at Lloyd's are not subject to their Lloyd's Premium Trust Deed. (See 28.05.93 below).

16.

13.05.93

Feltrim and Gooda Walker actions.

Judgment of Saville J on "pay now, sue later" clauses. Names who had failed to pay cash calls made upon them by their Agents before the issue of proceedings could sue the Agents in relation to underwriting. (See 30.07.93 below).

17.

28.05.93

The Society of Lloyd's v Morris and Others
[1993] LRLR 217.

CA. Judgment of Bingham MR, Steyn LJ and Sir Christopher Slade. Appeal dismissed on the construction point. Personal stop loss recoveries by Names not caught by Premiums Trust Deed. Appeal allowed on the estoppel issue between Lloyd's and Mr. Morris in respect of the 1991 solvency test. Mr. Morris estopped from denying that recoveries from his personal stop loss insurances had been assigned to his Premiums Trust Fund. Cross-appeal by Names on assignment issue dismissed. There was an effective assignment of Names' contractual rights to receive personal stop loss recoveries to the trustees under their Premium Trust Deeds.

18.

05.07.93

The Society of Lloyd's v Canadian Imperial Bank of Commerce and Others.
[1993] 2 Lloyd's Rep 579.

Judgment of Saville J. Held that the only substantive defence to a claim by Lloyd's as beneficiary under letters of credit was that there was fraud of a relevant kind.

19.

20.07.93

The Society of Lloyd's v Canadian Imperial Bank of Commerce and Others.

Judgment of Saville J. Summary judgment for Lloyd's. (See 05.07.93 above).

20.

30.07.93

Feltrim and Gooda Walker actions
[1994] LRLR 168
[1996] LRLR 135.

CA. Appeal against Saville J decision 13.05.93. Judgment of Bingham MR, Steyn LJ and Hoffman LJ dismissed the appeal.

21.

12.10.93

The Merrrett, Gooda Walker and Feltrim Cases.
[1994] 2 Lloyd's Rep 193.

Judgment of Saville J on certain questions of law as to the existence, nature and scope of alleged legal obligations of managing and members' agents.

22.

20.10.93

Sheldon and Others v R.H.M. Outhwaite (Underwriting Agencies) Ltd and Others.
[1995] 2 Lloyd's Rep 197.

Saville J. In a further Outhwaite Names' action, defendants' strike out application refused. The plaintiff Names could rely on Section 32 Limitation Act 1980 to overcome a statutory bar otherwise applicable to their claim, where the deliberate concealment alleged occurred after the cause of the action had arisen.

23.

13.12.93

The Merrett, Gooda Walker and Feltrim Cases.
[1994] 2 Lloyd's Rep 468.

CA. Judgment of Bingham MR, Hoffman LJ and Henry LJ. Unsuccessful appeal of Managing and Members'Agents against Saville J decision of 12.10.93.

24.

16.12.93

The Society of Lloyd's v Clementson
The Society of Lloyd's v
Mason.

Judgment of Saville J on preliminary issues. Claim by Lloyd's for reimbursement by Names of sums paid from Central Fund. Clause 7 (d) of the Central Fund Byelaw held valid. Alleged terms should not be implied into the contract Members make with the Society. Preliminary issues relating to European Law Defences. The action of the Society to recover sums disbursed from the Central Fund held not to constitute an activity subject to Article 85 of the Treaty of Rome.

25.

12.04.94

Sword-Daniels v Pitel and Others Brown v KMR Services Ltd
[1994] LRLR 10.

Judgment of Gatehouse J. Members' agents held negligent in advising two individual Names as to portfolio selection.

26.

26.05.94

Arbuthnott v Feltrim Underwriting Agencies Ltd and Others.

Judgment of Cresswell J. Plaintiff Names' application successful for the discovery and production by the Members' Agents of seven transcripts of evidence given by them to the Feltrim Loss Review Committee.

27.

26.05.94

Brown v KMR Services Ltd
Sword-Daniels v Pitel and Others.

Judgment of Gatehouse J. Response to representations made since judgment of 13.04.94.

28.

21.06.94

Arbuthnott v Fagan and Others.
[1996] LRLR 143.

CA (The President, Staughton LJ and Rose LJ). Appeal from Cresswell J (26.05.94) dismissed.

29.

27.06.94

Sword-Daniels v Pitel and Others.

Costs judgment (and assessment of damages).

30.

30.06.94

Sheldon and Others v RHM Outhwaite (Underwriting Agencies) Ltd and Others
[1995] LRLR 20.

CA (Bingham MR and Kennedy LJ, Staughton LJ dissenting). Successful appeal by defendants against judgment of Saville J of 20.10.93 on preliminary ruling on the limitation issue. (The plaintiff Names could not rely on Section 32 Limitation Act 1980 to overcome a statutory bar otherwise applicable to their claim where the deliberate concealment alleged occurred after the cause of action had arisen).

31.

25.07.94

The Merrett, Feltrim and Gooda Walker Cases.
[1995] 2 AC 145.

HL. Affirmed the decision of the Court of Appeal (13.12.93).

Held. (1) that a duty of care was owed by managing agents in tort both to direct Names and indirect Names, and that the existence of such a duty of care was not excluded by virtue of the relevant contractual regime either under the pre-1985 agreements, or under the terms of the agreement prescribed by the 1985 byelaw, and that the Names were free to pursue their remedy either in contract or in tort. (2) That on the true construction of the prescribed agency agreement the members' agents had agreed to underwrite on behalf of the Name at Lloyd's, and the fact that they delegated that task to the managing agents did not alter their implicit promise that reasonable care and skill would be exercised in carrying out that agreement; that the circumstances that the managing agents themselves were under a similar, though non-contractual, duty to the Name did not alter the obligations which the members' agents had agreed to assume by their bargain.

32.

04.10.94

Deeny v Gooda Walker Limited.
[1996] LRLR 183

Judgment of Phillips J. Gooda Walker (LMX) action. Judgment in favour of some 3000 Names who sued their managing agents and members' agents for breaches of duty owed in contract and in tort. The breaches alleged and proved related to the negligent conduct of the business of writing excess of loss reinsurance on behalf of Names. Taxation issues to be tried separately.

33.

14.10.94

Hallam-Eames and Others v Merrett Syndicates Ltd and Others.

Judgment of Gatehouse J. Certain limitation issues decided under RSC Order 14A.

34.

10.11.94

The Society of Lloyd's v Clementson
The Society of Lloyd's v Mason
[1995] LRLR 307

CA. Judgment of Bingham MR, Steyn LJ and Hoffman LJ. Appeal from Saville J (16.12.93). Appeal as to alleged implied terms dismissed. Appeal as to the Community Law issues allowed.

35.

25.11.94

R v Chairman of the Regulatory Board of Lloyd's ex parte Macmillan and Another.

Macpherson J. Application for judicial review of a decision of the Regulatory Board refusing to suspend the loss review of syndicate 80, dismissed.

36.

07.12.94

Deeny and Others v Littlejohn & Co (a Firm) and Others.

Arden J. Transfer to the Commercial Court.

37.

08.12.94

Bates and Others v Robert Barrow Ltd and Others.

Gatehouse J. Section 132 Financial Services Act 1986.

38.

11.01.95

Deeny and Others v Gooda Walker
[1995] STC 439.

Potter J. Taxation issues.

39.

13.01.95

Hallam-Eames and Others v Merrett and Others.

CA. Judgment of Sir Thomas Bingham MR, Hoffman LJ and Saville LJ. Appeal against Gatehouse J decision of 14.10. 94 (section 14A Limitation Act 1986) allowed.

40.

16.01.95

Cox and Others v Bankside Members' Agency Ltd and Others
[1995] 2 Lloyd's Rep 437.

Judgment of Phillips J. 'First past the post'. Issues of construction of E&O policies.

41.

10.02.95

Aikens and Others v Stewart Wrightson Members Agency Ltd and Others
[1995] 2 Lloyd's Rep 618.

Preliminary issues judgment of Potter J.
1. The members' agents owed a duty in contract to all plaintiffs to act with reasonable skill and care;
2. Pulbrook Underwriting Management Ltd (PUM) owed a duty in tort to all plaintiffs to act with reasonable skill and care;
3. The members' agents and PUM were in breach of these duties;
4. Save for agreements under seal all of the plaintiffs' claims in contract against the members' agents statute-barred.

42.

10.03.95

Arbuthnott and Others v Feltrim Underwriting Agencies Ltd and Others.

Judgment of Phillips J. Feltrim (LMX) action. 1594 Names brought similar claims to those in Gooda Walker 04.10.94 against their members' agents and their managing agents. The gravamen of the Names' complaint that their underwriters negligently left them exposed to the risk of huge losses in the event of one or more catastrophes occurring, upheld.

43.

21.03.95

Barrow v Bankside

Phillips J. Application to strike out portfolio selection claim against members' agent refused. The rule in Henderson v Henderson.

44.

06.04.95

Deeny and Others v Gooda Walker Limited and Others
[1995] LRLR 117
[1996] LRLR 176.

Judgment of Phillips J. Damages awarded in respect of claims that had been paid. That part of claim relating to anticipated claims reserved for future determination.

45.

11.04.95

Caudle and Others v Sharp
[1995] LRLR 389.

CA (Nourse LJ, Evans LJ and Rose LJ). Appeal from Clarke J (23.02.94) allowed. Outhwaite run off contracts. Reinsurance. Whether E&O losses under 32 run off contracts could be aggregated - "each and every loss". Mr. Outhwaite's ignorance or failure not a single event.

46.

04.05.95

Sheldon and Others v RHM Outhwaite (Underwriting Agencies) Ltd and Others
[1996] 1 AC 102

HL. (Lord Keith, Lord Browne-Wilkinson, Lord Nicholls) allowed the plaintiffs' appeal from CA (30.06.94) (Lord Mustill and Lord Lloyd dissenting). The words of section 32(1)(b) Limitation Act 1980 were wide enough to apply both where the concealment of relevant facts was contemporaneous with the accrual of the cause of action and where it occurred subsequently.

47.

05.05.95

Hallam-Eames and Others v Merrett Syndicates Ltd and Others.

Judgment of Cresswell J on application by LMCS for orders in relation to privileged/confidential material.

48.

12.05.95

Cox and Others v Bankside Members Agency Limited and Others
[1995] 2 Lloyd's Rep 437.

CA. Judgment of Bingham MR, Gibson LJ and Saville LJ dismissing the appeal on 'first past the post' (16.01.95).

49.

25.05.95

Deeny v Gooda Walker Ltd (No.3)
[1996] LRLR 168.

Phillips J. Basis on which interest ought to be awarded.

50.

28.06.95

Arbuthnott and Others v Feltrim Underwriting Agencies Ltd and Others
(1993 Folio 1191).

Judgment of Gatehouse J for the plaintiffs against managing agents for damages to be assessed with interest.

51.

12.07.95

Brown v KMR Services Limited
[1995] LRLR 241.

CA. Appeal from Gatehouse J (12.04.94). The defendants contended that (1) the judge should have found that even if he had been warned, Mr. Brown would have done nothing different from what he did; (2) the loss in fact suffered was too remote.

By cross-appeal, Mr. Brown contended that (1) the judge was wrong to conclude that as much as 30 per cent of Mr. Brown's pil would have been placed on CAT/XOL and LMX syndicates; on quantum of damage: (a) the judge was in error in setting off or giving credit against the losses incurred in 1988, 1989 and 1990, profits made on CAT/XOL and LMX syndicates in 1986 and 1987; (b) the judge was wrong in excluding from the damages Lloyd's expenses.

Held, by Stuart Smith LJ (dissenting in part), Hobhouse LJ and Gibson LJ, that the appeal would be dismissed, the cross-appeal allowed on the first ground and - 22 per cent substituted for the judge's 30 per cent; (Stuart Smith LJ dissenting) cross-appeal allowed on the second ground; cross-appeal dismissed on the third ground.

52.

31.07.95

PCW Syndicates v PCW Reinsurers
[1995] LRLR 373.

CA dismissed an appeal from Waller J sitting as a judge-arbitrator. Sections 18 and 19 of the Marine Insurance Act 1906.

53.

09.08.95

Arbuthnott and Others v Feltrim Underwriting Agencies Ltd and Others

Judgment of Phillips J on the application of the basic principle that damages awarded should place Names in the same position as if the underwriters had purchased reinsurance protection sufficient to restrict the Names' net exposure to the PML to 100% of stamp.

54.

21.08.95

Cox v Deeny
[1996] LRLR 288.

H.H.J. Diamond Q.C. E&O policy proceeds. Determination of issues.

55.

05.10.95

Deeny v Gooda Walker Ltd
[1995] LRLR 361
[1996] LRLR 109.

Taxation issues.

CA. Judgment of Simon Brown and Gibson LJJ, Saville LJ (dissenting). Dismissed appeal from Potter J (11.01.95).

56.

20.10.95

Rew and Others v Cox and Others.

Cresswell J. Professional indemnity insurances. Application for stay pursuant to section 4 Arbitration Act 1950 refused.

57.

24.10.95

Marchant & Eliott Underwriting Limited v Dr Higgins
[1996] 1 Lloyd's Rep 313.

Judgment of Rix J. Summary judgment for managing agent for cash calls based on "pay now sue later" provision in agents' agreement.

58.

31.10.95

Henderson and Others v Merrett Syndicates Ltd and Others
[1997] LRLR 265.

Cresswell J liability judgment in action (Long-tail) by Merrett Names against agents and auditors. Successful claim as to RITC's in years 4, 5 and 6 but claim failed as to RITC's in years 1, 2 and 3. Some run off contracts held to have been negligently written.

59.

07.11.95

Barrow v Bankside Members Agency Ltd and Another.

CA (Bingham MR, Peter Gibson LJ and Saville LJ). Appeal from decision of Phillips J (21.03.95) dismissed. The rule in Henderson v Henderson.

60.

04.12.95

Deeny v Walker and Others
Deeny v Littlejohn & Co and Others
[1996] LRLR 276.

Judgment of Gatehouse J. Whether pleadings against brokers and auditors should be struck out.

61.

20.12.95

Arbuthnott & Others v Feltrim Underwriting Agencies Ltd & Others.

Judgment of Gatehouse J. Feltrim 1990 claim of negligence against members' agent.

62.

21.12.95

Marchant & Eliott Underwriting Limited v Dr Higgins
[1996] 2 Lloyd's Rep 31.

CA. Judgment of Leggatt LJ, Rose LJ and Roch LJ. Appeal by Dr Higgins against judgment of 24.10.95 dismissed.

63.

01.01.96

Arbuthnott & Others v Feltrim Underwriting Agencies Ltd & Others
[1996] CLC 714.

Judgment of Longmore J. Further issues as to damages, following judgments of Phillips J 10.03.95 and 09.08.95.

64.

21.02.96

Henderson and Others v Merrett Syndicates Ltd and Others
[1997] LRLR 247.

Judgment of Cresswell J following on from main judgment of 31.10.95. Limitation, misrepresentation / non-disclosure, general principles as to damages and contribution considered. Interim payment ordered.

65.

07.03.96

Deeny and Others v Gooda Walker Ltd and Others
[1996] LRLR 109.

Taxation issues. House of Lords dismissed appeal from CA (05.10.95).

66.

19.03.96

Berriman and Others v Rose Thomson Young (Underwriting) Limited
[1996] LRLR 426.

RTY Names action (LMX). Judgment of Morison J as to liability in favour of Names.

67.

16.04.96

Wynniatt-Hussey and Others v R.J. Bromley (Underwriting Agencies) PLC and Others.

Bromley Names action (LMX). Judgment of Langley J as to liability in favour of Names.

68.

19.04.96

Judd and Others v Merrett and Others
[1997] LRLR 21.

CA. Appeal from Gatehouse J (07.12.95). Leave to defend conditional on interim payments.

69.

07.05.96

The Society of Lloyd's v Clementson
[1997] LRLR 175.

Judgment of Cresswell J. Community Law issues. Central Funds arrangements held valid (not void by reason of art. 85 of the Treaty of Rome).

70.

16.05.96

The Society of Lloyd's v Woodward and Another.

Judgment of Sir Richard Scott VC. Litigation recoveries and the Premiums Trust Deed.

71.

22.05.96

Charter Reinsurance Co Ltd v Fagan
[1997] AC 313.

HL.

The meaning of the words "actually paid" in the context of the ultimate net loss clause.

72.

23.05.96

Wilde Sapte and Deeny v The Society of Lloyd's.

Judgment of Sir Richard Scott VC refusing application under O.85 rule 2 to authorise the distribution to Names of litigation recoveries.

73.

20.06.96

Axa Reinsurance (UK) Plc v Field
[1996] 2 Lloyd's Rep 233.

Basis of aggregation.

Originating "cause" and "event".

74.

06.07.96

Henderson v Merrett Syndicates Ltd

Cresswell J. Provision of documents to the Council of Lloyd's.

75.

16.07.96

Aiken and Others v Stewart Wrightson Members Agency Ltd and Others.

CA. Judgment of Neill LJ, Otton LJ and Ward LJ dismissing the appeal from Potter J ordering interim payments (10.02.95/31.07.95).

76.

24.07.96

Hill and Another v The Mercantile & General Reinsurance Co Plc
[1996] LRLR 341.

HL.

Follow settlements clause. "Within the terms and conditions of the original policies".

77.

15-16.08.96

R v The Council of Lloyd's ex parte Susan Rachel Johnson & Others.

Judgment of Brooke LJ. Application for Judicial Review of R&R dismissed on grounds of delay and merits. Lloyd's were acting within their power in putting forward the R&R proposals.

   

SEPTEMBER 1996 MARKET

SETTLEMENT

78.

24.10.96

Napier and Ettrick and Another v Kershaw Ltd
Lloyd's v Woodard and Another
[1997] LRLR 1.

CA. Judgment of Nourse LJ, Hobhouse LJ and Pill LJ. Appeal in Napier v Kershaw allowed (see 14.5.92).

Appeal in Lloyd's v Woodward allowed in regard to litigation recoveries (see 16.5.96).

79.

20.02.97

The Society of Lloyd's v Leighs and Others
[1997] CLC 759.

Judgment of Colman J. Claim by Lloyd's (assignee) for recovery of Equitas premium. Summary judgment granted on preliminary issues. Equitas Scheme not outside scope of the venture.

80.

24.03.97

Fawkes Underwood v (1) Hamiltons and (2) Hereward Phillips.

Judgment of Goudie QC. Defendants in breach of duty in failing to advise Mr Fawkes-Underwood that he should not allow himself to be on certain syndicates.

81.

23.04.97

The Society of Lloyd's v Leighs and Others
[1997] CLC 1012.

Judgment of Colman J on further preliminary issues arising out of Lloyd's claim for the Equitas premium. Summary judgment in favour of Lloyd's. Defendant Names not entitled to rescind their membership contracts with Lloyd's; precluded from setting off their counterclaim for damages for fraud against Lloyd's claim for Equitas premium; and not entitled to a stay of execution of a judgment against them for the Equitas premium.

82.

08.07.97

Re Yorke v Chataway
(1997) TLR 451.

Judgment of Lindsay J. Executors are at liberty to distribute deceased's estate to the beneficiaries.

83.

31.07.97

Manning v Lloyd's
Lloyd's v Colfox and Others
Philips v Lloyd's
[1998] LRLR 186.

Judgment of Mance J in favour of Lloyd's under O.14. "Conditional Acceptors" case.

84.

31.07.97

The Society of Lloyd's v Leighs and Others
[1997] CLC 1398.

CA. Judgment of Saville LJ, Ward LJ and Phillips LJ dismissing the Names' appeal against decisions on 20.02.97 and 23.04.97.

85.

03.12.97

Lloyd's v Fraser and Others.

Tuckey J. An abuse of process for Names to seek to advance allegation of bad faith relating to R&R.

86.

16.01.98

Yasuda Fire & Marine Insurance Company of Europe Ltd v Lloyd's Underwriting Syndicates 229, 356, 462, 571, 661 and 961
[1998] LRIR 285.

Cresswell J. Aggregate Extension Clause. Construction.

87.

27.01.98

Lloyd's v Daly.

Tuckey J. Foreign securities legislation argument did not provide a defence to claims for Equitas premiums.

88.

05.03.98

Denby v English and Scottish Maritime Insurance Co Ltd and Others.
Yasuda Fire & Marine Company of Europe Ltd v Lloyd's Underwriting Syndicates Nos 209, 356 and Others
[1998] LRIR 343.

CA. (Hobhouse LJ, Brooke LJ and Chadwick LJ). Aggregate Extension Clause. Construction. Appeal from Cresswell J (16.01.98) dismissed. Appeal from Waller J [1996] LRIR 301 allowed.

89.

08.06.98

Norwich Union Life Insurance Society v Qureshi
[1999] LRIR 263.

Rix J. Summary judgment - Guarantee Plan marketed to Names.

90.

31.07.98

Aldrich and Others v Norwich Union Life Insurance Co Ltd
[1999] LRIR 276.

Rimer J. Guarantee Plans for Names. Names' case struck out.

91.

31.07.98

Lloyd's v Fraser and Others
[1999] LRIR 156.

CA. Judgment of Hobhouse LJ, Pill LJ and Judge LJ. Leave to appeal against decisions on 03.12.97, 27.01.98 and 04.03.98 (Quantum) refused.

92.

23.11.98

Aldrich and Others v Norwich Union Life Insurance Co Ltd
[1999] LRIR 453.

CA. (Morritt LJ and Tuckey LJ) leave to appeal from 08.06.98 and 31.07.98.

93.

02.12.98

McAllister v Lloyd's
[1999] LRIR 487.

Carnwath J. Hardship Agreement. There was an arguable case under rule 6.5(4)(b) of the Insolvency Rules that the debts were disputed on substantial grounds.

94.

02.01.99

Lloyd's v Jaffray
[1999] LRIR 182.

Colman J. Lloyd's application to stay proceedings because of failure of Names to pay sums ordered by the Court, dismissed.

95.

23.03.99

Lloyd's v Robinson
[1999] LRIR 329.

HL.
Appeal from CA (24.10.96) allowed in part. Amendments to clause 2 of the Premiums Trust Deed validly made. All three categories of damages subject to the trust.

96.

10.06.99

Garrow v Lloyd's
[1999] LRIR 482.

Jacob J set aside Lloyd's statutory demand served on a Name on the ground that he had a serious cross claim.

97.

30.07.99

Aldrich and Others v Norwich Union Life Insurance Co Ltd
[2000] LRIR 1.

CA. (Evans LJ, Ward LJ and Mummery LJ). Appeals dismissed (see 08.06.98, 31.07.98 and 23.11.98).

98.

13.10.99

Garrow v The Society of Lloyd's
[2000] LRIR 38.

Appeal by Lloyd's dismissed (see 10.06.99).

99.

22.10.99

Price v Lloyd's
[2000] LRIR 453

Colman J. Claim by Lloyd's for Equitas premium - whether basis of calculation could be challenged - whether Lloyd's owed duty to regulate market - whether pursuit of claims amounted to harassment.

100.

16.12.99

Jones v Lloyd's

Rattee J. R&R Penalty argument rejected.

101.

03.03.00

Lloyd's v White and Others

Cresswell J. Names parties to Jaffray proceedings and proceedings in Australia. Anti-suit injunction granted.

102.

23.03.00

Lloyd's v Twinn and Another

CA. (Sir Richard Scott V-C, Chadwick LJ and Buxton LJ).
Appeal from Jacob J allowed.
Whether acceptance of R&R offer?