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Lloyds TSB Bank Plc v Hayward: CA 27 Apr 2005

Validity of guarantee and effectiveness of release. Citations: [2005] EWCA Civ 466 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Lloyds TSB Bank Plc v Hayward CA 12-Dec-2002 The parties disputed, inter alia, what had been agreed at a meeting. A note, prepared after the meeting, was claimed to record it. The judge … Continue reading Lloyds TSB Bank Plc v Hayward: CA 27 Apr 2005

Lloyd Bar’ v Powis: 19 Jun 1671

A bill of revivor aganst a defendant as Heir dimissed with costs, cannot be Costs in the original Suit Citations: [1671] EngR 31, (1671) 3 Rep Ch 65, (1671) 21 ER 730 (B) Links: Commonlii Jurisdiction: England and Wales Costs Updated: 29 June 2022; Ref: scu.406445

Lloyd And Others v The United Kingdom: ECHR 1 Mar 2005

Magistrates had committed the applicants to prison in their absence for non-payment of local taxes and fines. Held: The proceedings infringed the claimants’ human rights in that they had been found guilty of wilful refusal or culpable neglect without having had an appropriate opportunity to respond. Legal aid had not been available for the proceedings … Continue reading Lloyd And Others v The United Kingdom: ECHR 1 Mar 2005

J and H Ritchie Ltd v Lloyd Ltd: SCS 11 Jan 2005

The buyers sought repayment of the sum paid by them for agricultural machinery purchased from the respondent. The machinery was bought after a repossession, but returned when a vibration was found. The defendants repaired the machine, but would not tell the claimants what had been repaired, and the claimants, fearing that other parts of the … Continue reading J and H Ritchie Ltd v Lloyd Ltd: SCS 11 Jan 2005

Bertram Breach v Lloyds TSB Insurance: CA 7 Oct 2002

The insured sought leave to appeal dismissal of his claim for payment under a policy of insurance. The claim had been dismissed for an alleged fraudulent claim for lost computers. Held: With sympathy for the claimant, leave was refused. Judges: Arden LJ Citations: [2002] EWCA Civ 1818 Links: Bailii Jurisdiction: England and Wales Insurance Updated: … Continue reading Bertram Breach v Lloyds TSB Insurance: CA 7 Oct 2002

Thomas-Everard and Others v Society of Lloyd’s: ChD 18 Jul 2003

The claimant appealed refusal to set aside a statutory demand made by the respondent society. The proposed defence had been already been dismissed by the courts. Held: Such a consideration was very relevant, but not necessarily determinative. The debtor was obliged to proceed quickly, and could not delay his application. He had to demonstrate a … Continue reading Thomas-Everard and Others v Society of Lloyd’s: ChD 18 Jul 2003

Lloyds TSB Bank Plc v Holdgate and Another: CA 11 Jul 2002

Independent advice on executing charge Citations: [2002] EWCA Civ 1222 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Lloyds TSB Bank v Holdgate CA 14-Oct-2002 . . Cited by: See Also – Lloyds TSB Bank v Holdgate CA 14-Oct-2002 . . Lists of cited by and citing cases may be incomplete. Banking Updated: … Continue reading Lloyds TSB Bank Plc v Holdgate and Another: CA 11 Jul 2002

Doll-Steinberg v Society of Lloyd’s: CA 9 Jul 2002

Appeal against a refusal of an application for permission to apply for judicial review of a decision of the Lloyd’s Settlement Offer Panel offering to reduce the applicant’s liability in respect of her indebtedness to Lloyd’s. Citations: [2002] EWCA Civ 996 Links: Bailii Jurisdiction: England and Wales Insurance Updated: 23 June 2022; Ref: scu.217392

Lloyds Bank Plc v Ellicott: CA 8 Feb 2002

A voluntary arrangement has contractual effect. Judges: Chadwick LJ Citations: [2002] EWCA Civ 1333, [2003] BPIR 632 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Wright and Another (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd ChD 6-Mar-2018 IVA is a special form of contract Liquidators asked the court whether … Continue reading Lloyds Bank Plc v Ellicott: CA 8 Feb 2002

Lloyds Bank plc v Guardian Assurance plc: CA 1986

The statutory control over building works provided under s.60 is capable of operating quite separately from the private law tort of nuisance. Judges: Sir John Arnold P and Nourse LJ Citations: [1986] 35 BLR 34 Statutes: Control of Pollution Act 1974 60 Jurisdiction: England and Wales Cited by: Cited – Hiscox Syndicates Ltd and Another … Continue reading Lloyds Bank plc v Guardian Assurance plc: CA 1986

Lloyds TSB Equipment Leasing (No 1) Ltd v Revenue and Customs: FTTTx 12 Jan 2012

Corporation tax – capital allowances – finance lease of ship by Appellant – whether ship used for a qualifying purpose within terms of section 123(1) Capital Allowances Act 2001 – UK company taking bareboat charter of ship and hiring ship on time charter terms – whether ship let on charter in course of trade including … Continue reading Lloyds TSB Equipment Leasing (No 1) Ltd v Revenue and Customs: FTTTx 12 Jan 2012

Garrett v Lloyd’s of London: EAT 26 Jan 1998

Citations: [1998] UKEAT 583 – 97 – 2601 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Garrett v Lloyds of London EAT 22-Oct-1997 . . Cited by: See Also – Garrett v Lloyds of London EAT 22-Oct-1997 . . Lists of cited by and citing cases may be incomplete. Employment Updated: 16 June … Continue reading Garrett v Lloyd’s of London: EAT 26 Jan 1998

Lloyd v ITF World Expo Ltd: EAT 25 Apr 2001

EAT The Employment Tribunal dismissed the claim made by the Appellant for unfair dismissal. The Appellant had alleged that he was dismissed because he had taken part or proposed to take part in the activities of an independent trade union and that dismissal was automatically unfair. Judges: Charles J Citations: [2001] UKEAT 1229 – 99 … Continue reading Lloyd v ITF World Expo Ltd: EAT 25 Apr 2001

Cel Group Ltd v Nedlloyd Lines UK Ltd and Another: CA 18 Dec 2003

The defendant sought indemnity costs with interest at an enhanced rate. It had made on offer of settlement which was rejected. CEL objected that the defendant had the benefit of a conditional fee agreement. Held: The conditional fee agreement was as to the solicitors costs, but not for counsel. Costs should be awarded on an … Continue reading Cel Group Ltd v Nedlloyd Lines UK Ltd and Another: CA 18 Dec 2003

Society of Lloyd’s v Laws and others: ComC 28 Jan 2004

Judges: The Honourable Mr Justice Cooke Citations: [2004] EWHC 71 (Comm), [2004] EWHC 130 (Comm) Links: Bailii, Bailii Jurisdiction: England and Wales Citing: See Also – Laws and others v The Society of Lloyd’s CA 19-Dec-2003 The applicants sought to amend earlier pleadings to add a claim that their human rights had been infringed by … Continue reading Society of Lloyd’s v Laws and others: ComC 28 Jan 2004

Laws and others v The Society of Lloyd’s: CA 19 Dec 2003

The applicants sought to amend earlier pleadings to add a claim that their human rights had been infringed by the 1982 Act, which gave the respondents certain immunities. Held: The Human Rights Act 1998 was not retrospective. At the time when it should have been made, the amendment would have been doomed to failure by … Continue reading Laws and others v The Society of Lloyd’s: CA 19 Dec 2003

Lloyd v John Lewis Partnership: CA 1 Jul 2001

The judge allowed the defendant’s submission of no case to answer without putting them to their election and again the claimant’s appeal succeeded. The trial judge had been persuaded that the rule in Alexander -v- Rayson had been altered by the Civil Procedure Rules ‘and that as a general rule a judge was not required … Continue reading Lloyd v John Lewis Partnership: CA 1 Jul 2001

Sarah Lloyd Jones and others v T Mobile (Uk) Ltd: CA 31 Jul 2003

The claimant challenged a stautory notice. The Act required the notice to be fixed to the structure in question, but because of its location, the notice was not legible without going on to private land. Held: Appeal lay here from the County Court on a preliminary decision on the law to the Court of appeal … Continue reading Sarah Lloyd Jones and others v T Mobile (Uk) Ltd: CA 31 Jul 2003

Lloyds TSB Bank plc v Clarke (Liquidator of Socimer International Bank Limited) and Chase Manhattan Bank Luxembourg S A: PC 29 May 2002

PC (Bahamas) The Board was asked whether a sub-participation agreement, entered into between two banks in respect of part of a eurobond issue, conferred upon the sub-participating bank any proprietary interest in the underlying bonds or their proceeds. PC Bahamas Judges: Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hobhouse of Woodborough, … Continue reading Lloyds TSB Bank plc v Clarke (Liquidator of Socimer International Bank Limited) and Chase Manhattan Bank Luxembourg S A: PC 29 May 2002

Jaffray and others v Society of Lloyd’s: CA 26 Jul 2002

There is no more scope for corporate dishonesty in deceit than in misfeasance, other than by the attribution to a corporate body of the dishonesty of an individual. It was alleged that there was unfairness through inequality of representation: ‘In our judgment, those principles are not directly applicable to the question whether a trial was … Continue reading Jaffray and others v Society of Lloyd’s: CA 26 Jul 2002

Arbeitsgemeinschaft Deutscher Luftfahrt-Unternehmen and Hapag-Lloyd v Commission: ECFI 14 Mar 1997

ECFI Actions for annulment of measures – Action challenging a decision – Contested decision repealed in the course of the proceedings on account of clerical errors and a new, substantively identical decision adopted – Application rendered devoid of purpose – No need to proceed to judgment where the applicant has no interest in obtaining annulment … Continue reading Arbeitsgemeinschaft Deutscher Luftfahrt-Unternehmen and Hapag-Lloyd v Commission: ECFI 14 Mar 1997

Lloyd v Taylor Woodrow Construction: EAT 1 Jul 1999

A defect of the consultation procedure in a redundancy which could make a dismissal unfair, was capable in some circumstances of being corrected by the company in its appeal procedure. The appellant had not originally been informed of the criteria for selection for redundancy, but having been informed, and that defect was cured in the … Continue reading Lloyd v Taylor Woodrow Construction: EAT 1 Jul 1999

Lloyd and others v Dugdale and Another: CA 21 Nov 2001

The claimants asserted a right to possession of land, and the defendant resisted, claiming a proprietary estoppel. A predecessor had intended to grant a sub-lease to the defendant, who had arranged for his company JAD Ltd to execute major works on the strength of that promise. JAD was given permission to store items there, but … Continue reading Lloyd and others v Dugdale and Another: CA 21 Nov 2001

Regina v North East Essex Justices, ex parte Lloyd: QBD 7 Dec 2000

The magistrates had full power to commit a defendant to the Crown Court for sentence where they wanted to fine him, but considered that their powers to impose a fine were too limited. When doing so, they should invite representation on the proposal, and convey their views to the Crown Court. Citations: Gazette 07-Dec-2000 Jurisdiction: … Continue reading Regina v North East Essex Justices, ex parte Lloyd: QBD 7 Dec 2000

Edwards v Lloyd’s TSB Bank plc: ChD 2004

A contract in which one co-owner’s signature has been forged by the other is not a nullity but remains valid in relation to the fraudulent co-owner. Citations: [2004] EWHC 1745 (Ch) Jurisdiction: England and Wales Cited by: Cited – Bowling and Co Solicitors v Edehomo ChD 2-Mar-2011 The court was asked ‘when an innocent vendor … Continue reading Edwards v Lloyd’s TSB Bank plc: ChD 2004

Inland Revenue Commissioners v Lloyds Private Banking Ltd: ChD 10 Apr 1998

Provision in will where one tenant in common directed that surviving tenant be allowed to occupy house until death and thereafter gave the share to his daughter created a sufficient interest for the survivor to be charged to tax. Citations: Times 10-Apr-1998, Gazette 13-May-1998 Statutes: Inhertance Tax Act 1984 Jurisdiction: England and Wales Wills and … Continue reading Inland Revenue Commissioners v Lloyds Private Banking Ltd: ChD 10 Apr 1998

HM Revenue and Customs v Lloyds TSB Equipment Leasing (No1) Ltd: UTTC 14 Aug 2013

UTTC CORPORATION TAX – Claim for capital allowances in respect of ships where the end sub-lease was to a non-UK resident user – Time charter to that end user granted by a UK resident company that claimed that its role (as the disponent owner under the time charter) satisfied the terms of section 123 Capital … Continue reading HM Revenue and Customs v Lloyds TSB Equipment Leasing (No1) Ltd: UTTC 14 Aug 2013

Lloyd’s Register of Shipping v Societe Campenon Bernard: ECJ 6 Apr 1995

Actions which would be deemed to have been undertaken by a branch of company need not necessarily be performed where the branch is physically located. Citations: Times 03-May-1995, C-439/93, [1995] EUECJ C-439/93 Links: Bailii Statutes: Brussels Convention1968 5(5) Cited by: Cited – Anton Durbeck GmbH v Den Norske Bank ASA CA 3-Feb-2003 Claimant cargo owners … Continue reading Lloyd’s Register of Shipping v Societe Campenon Bernard: ECJ 6 Apr 1995

Lloyd-Textil v Hauptzollamt Bremen-Freihafen: ECJ 22 Dec 1993

ECJ The suspension of customs duties pursuant to Regulation No 3563/84 applying generalized tariff preferences for 1985 to textile products originating in developing countries is dependent upon the Nimexe code corresponding to the imported product being referred to in one of the two annexes to the regulation. Men’ s linen windcheaters imported from China and … Continue reading Lloyd-Textil v Hauptzollamt Bremen-Freihafen: ECJ 22 Dec 1993

Neste Oy v Lloyd’s Bank Plc: ChD 1983

A shipping agent (PSL), a client of the defendant, had become insolvent. The defendant sought to combine the accounts. PSL settled on behalf of their shipowner clients bills payable to harbour authorities, pilots, fuel merchants, and other providers of goods and services. The shipowners sometimes put them in funds in advance and sometimes reimbursed them … Continue reading Neste Oy v Lloyd’s Bank Plc: ChD 1983

Lloyds TSB Bank Plc v Shorney and Another: CA 20 Jul 2001

The defendant had signed a guarantee and supporting charge to support her husband’s business debts. It has been expressly limited to andpound;150,000. Without prior notification, or seeking her consent, the bank extended the loan. When it later sought possession, they sought to rely upon a term of the guarantee which prevented her claiming against her … Continue reading Lloyds TSB Bank Plc v Shorney and Another: CA 20 Jul 2001

Society of Lloyd’s v Robinson and Another: HL 25 Mar 1999

Damages awarded to a Lloyd’s ‘name’ compensating for negligent underwriting must be paid into the trust fund set up for this purpose on behalf of member names, even though the claim fell outside the strict ambit of the original fund because of valid amendment.Lord Steyn said: ‘Loyalty to the text of a commercial contract, instrument, … Continue reading Society of Lloyd’s v Robinson and Another: HL 25 Mar 1999

Wylie on Behalf of SMP Motor Policies at Lloyds v Wake: CA 21 Dec 2000

The claimant sought to recover damages following a road accident. The driver’s insurance was defective. The driver claimed under section 151, but proceedings were issued without formal notice of the issue of proceedings having been given to MIB. The claim proceeded for some time before objection was made. Held: There was a clear distinction between … Continue reading Wylie on Behalf of SMP Motor Policies at Lloyds v Wake: CA 21 Dec 2000

Roger Smith and Christopher Timothy Esmond Hayward and Lloyds Bank TSB; Harvey Jones Ltd and Woolwich Plc: CA 27 Jul 2000

Where a cheque has been altered fraudulently to change the name of the payee, the piece of paper ceases to be a cheque, and an action for conversion against the paying or collecting bank will stand only as to the nominal value of the paper, and not as to the face value. The material alteration … Continue reading Roger Smith and Christopher Timothy Esmond Hayward and Lloyds Bank TSB; Harvey Jones Ltd and Woolwich Plc: CA 27 Jul 2000

Shanning International Limited (In Liquidation) v Lloyds TSB Bank Plc (Formerly Lloyds Bank Plc) Part 20 and Rasheed Bank and Sbg Holdings Limited Part 20: CA 25 May 2000

Judges: Tuckey LJ Citations: [2000] EWCA Civ 177, [2000] 3 CMLR 450 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Shanning International Ltd v Lloyds TSB Bank plc; Lloyds TSB Bank plc v Rasheed Bank and another ComC 17-Dec-1999 The parties were linked together by a series of bonds, deposits, and guarantees and … Continue reading Shanning International Limited (In Liquidation) v Lloyds TSB Bank Plc (Formerly Lloyds Bank Plc) Part 20 and Rasheed Bank and Sbg Holdings Limited Part 20: CA 25 May 2000

Killick and Nugent and others (Sued on her Own Behalf and on Behalf of Those Lloyd’s Syndicates Listed In the Schedule to the Writ of Summons): CA 11 Apr 2000

Claim under Personal Injury Accident policy after death of the policyholder company’s employee and others in an air crash Judges: Wvans, Thorpe, Laws LJJ Citations: [2000] EWCA Civ 122 Links: Bailii Jurisdiction: England and Wales Personal Injury, Insurance Updated: 31 May 2022; Ref: scu.147155

Lloyds Bowmaker Ltd v Britannia Arrow Holdings Plc: CA 1988

It is the duty of a plaintiff who has obtained an interlocutory injunction to proceed to trial and not simply to sit back and rely upon the injunction until such time as the defendant moves to discharge it. The court have stressed the importance of prompt progress to trial in a case where a claimant … Continue reading Lloyds Bowmaker Ltd v Britannia Arrow Holdings Plc: CA 1988

Lloyds Bank Plc v Lampert, and Lampert: CA 25 Nov 1998

Appeal against mortgage possession order granted under Order 14. Charge securing company borrowings through guarantee. Held: The appeal failed. Citations: [1999] Lloyd’s Rep Bank 138, [1998] EWCA Civ 1840, [1999] 1 All ER (Comm) 161, [1999] BCC 507 Links: Bailii Jurisdiction: England and Wales Land, Banking Updated: 30 May 2022; Ref: scu.145319

Society of Lloyd’s v Leighs; Lyon and Wilkinson and Canadian Names Intervenors: CA 31 Jul 1997

Citations: [1997] CLC 1398, [1997] 6 Re LR 289, Times 11-Aug-1997, Independent 06-Oct-1997, [1997] EWCA Civ 2283 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Society of Lloyd’s v D Leighs and Others; Society of Lloyd’s v D Wilkinson and Others ComC 20-Feb-1997 ComC Lloyd’s Litigation – issues relating to recovery from names. … Continue reading Society of Lloyd’s v Leighs; Lyon and Wilkinson and Canadian Names Intervenors: CA 31 Jul 1997

Lloyd v McMahon: HL 12 Mar 1987

The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct. Held: An aggrieved objector to local government spending should pursue his rights under the Act and … Continue reading Lloyd v McMahon: HL 12 Mar 1987

Society of Lloyd’s v Jaffray: ComC 26 Jan 2000

Citations: [2000] EWHC Commercial 174 Links: Bailii Cited by: Cited – Chagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner QBD 9-Oct-2003 The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful … Continue reading Society of Lloyd’s v Jaffray: ComC 26 Jan 2000

Crosse and Crosse (A Firm) v Lloyds Bank Plc: CA 16 Mar 2001

Solicitors appealed a finding of professional negligence in the purchase of land which had been subject to restrictive covenants which had not been disclosed to the bank, saying that time had begun to run against the bank at a time when the bank accepted new clients as debtors under the security. Judges: Potter LJ, Sedley … Continue reading Crosse and Crosse (A Firm) v Lloyds Bank Plc: CA 16 Mar 2001

Agnew (Suing On His Own Behalf and In a Representative Capacity on Behalf of all Members of Lloyd’s Syndicates 672, 79, 1023 and 590) and Others v Lansforsakringsbolagens A B: HL 17 Feb 2000

An action relating to misrepresentation before a contract of re-insurance is, within the Lugano Convention, an action relating to a contract, rather than to insurance. Accordingly the appropriate forum for any litigation was the place where the obligation under question was to be performed rather than that of the domicile of the defendant. The assumption … Continue reading Agnew (Suing On His Own Behalf and In a Representative Capacity on Behalf of all Members of Lloyd’s Syndicates 672, 79, 1023 and 590) and Others v Lansforsakringsbolagens A B: HL 17 Feb 2000

K/S Merc-Scandia XXXXII v Underwriters to Lloyd’s Policy 25T 1054 and Others: CA 31 Jul 2001

The owners of the ‘MERCANDIAN CONTINENT’ had obtained judgment in earlier High Court proceedings against a Trinidadian shipyard for damage caused by negligent repair work. Jurisdiction in the earlier proceedings had been founded on an agreed submission to the jurisdiction of the English court. The yard’s liability insurers appointed solicitors to conduct the defence on … Continue reading K/S Merc-Scandia XXXXII v Underwriters to Lloyd’s Policy 25T 1054 and Others: CA 31 Jul 2001

Susan Jane Worringham and Margaret Humphreys v Lloyds Bank Limited: ECJ 11 Mar 1981

Europa A contribution to a retirement benefits scheme which is paid by an employer on behalf of employees by means of an addition to the gross salary and which therefore helps to determine the amount of that salary constitutes ‘pay’ within the meaning of the second paragraph of article 119 of the EEC treaty. Directive … Continue reading Susan Jane Worringham and Margaret Humphreys v Lloyds Bank Limited: ECJ 11 Mar 1981

Shanning International Ltd v Lloyds TSB Bank plc; Lloyds TSB Bank plc v Rasheed Bank and another: ComC 17 Dec 1999

The parties were linked together by a series of bonds, deposits, and guarantees and indemnities which had been designed to enable trade with a customer in Iraq. The Regulation operated to prevent any claim being made under the bond, and therefore the bank could not resist an action for the repayment of a deposit on … Continue reading Shanning International Ltd v Lloyds TSB Bank plc; Lloyds TSB Bank plc v Rasheed Bank and another: ComC 17 Dec 1999

K/S Merc-Scandia XXXXII v Underwriters to Lloyd’S Policy 25T 1054 87 and Others: QBD 20 Jul 2000

The Insurers had avoided a policy after a claim had been brought, and the insured had produced a fraudulent document. Having won their case, the applicants sought to enforce the award against the insurers. The insurers were held not to be excused under the policy. The duty of good faith applied on matters up to … Continue reading K/S Merc-Scandia XXXXII v Underwriters to Lloyd’S Policy 25T 1054 87 and Others: QBD 20 Jul 2000

Crantrave Ltd (In Liquidation) v Lloyd’s Bank Plc: CA 18 May 2000

The bank received a garnishee order nisi, but acted before it was made absolute to pay the judgment creditor. Held: The bank had no defence against the customer claiming restitution relying on the equitable doctrine that one person paying the debts of another without authority was allowed the benefit of the payment. To establish that, … Continue reading Crantrave Ltd (In Liquidation) v Lloyd’s Bank Plc: CA 18 May 2000

Hamill v Lloyds Banking Group Pension Trustees Ltd: QBD 13 Apr 2022

The claimant alleges that the defendant continues to underpay him in respect of the guaranteed minimum pension (GMP) element of his pension entitlement under the Lloyd’s Bank Pension Scheme No.2. Judges: The Hon Mr Justice Turner Citations: [2022] EWHC 900 (QB) Links: Bailii Jurisdiction: England and Wales Financial Services Updated: 19 May 2022; Ref: scu.676350

Ashmore and Others v Corporation of Lloyds: HL 13 May 1992

A Judge’s interlocutory order for the trial of a preliminary point could be set aside only if it was clearly wrong: ‘In my opinion, when a judge alive to the possible consequences decides that a particular course should be followed in the conduct of the trial in the interests of justice, his decision should be … Continue reading Ashmore and Others v Corporation of Lloyds: HL 13 May 1992

IE Contractors v Lloyd’s Bank: CA 1990

Documents were issued by a bank and described as ‘performance bonds’ for damages up to specified amounts. The difficulty arose from the unusual form and language of the documents. The wording of the operative clause: ‘We undertake to pay you, unconditionally, the said amount on demand, being your claim for damages brought about by the … Continue reading IE Contractors v Lloyd’s Bank: CA 1990

Society of Lloyds v Clementson, Same v Mason: ComC 11 Jan 1994

An undertaking given on joining Lloyds is a sufficiently binding contract. Citations: Times 11-Jan-1994, [1995] CLC 117 Jurisdiction: England and Wales Citing: Appealed to – Society of Lloyd’s v Clementson and Another CA 11-Nov-1994 It was arguable that a central insolvency fund created to manage the Lloyd’s liabilities distorted competition, and was therefore unenforceable. The … Continue reading Society of Lloyds v Clementson, Same v Mason: ComC 11 Jan 1994

Society of Lloyd’s v Clementson: ECJ 29 Nov 1995

Lloyds Name is a separate undertaking and Lloyds’ is an association of undertakings. Citations: Gazette 29-Nov-1995 Statutes: EC Treaty Art 85 Jurisdiction: European Citing: Reference from – Society of Lloyd’s v Clementson and Another CA 11-Nov-1994 It was arguable that a central insolvency fund created to manage the Lloyd’s liabilities distorted competition, and was therefore … Continue reading Society of Lloyd’s v Clementson: ECJ 29 Nov 1995

Society of Lloyd’s v Clementson and Another: CA 11 Nov 1994

It was arguable that a central insolvency fund created to manage the Lloyd’s liabilities distorted competition, and was therefore unenforceable. The court refused to make a preliminary ruling on the applicability of article 85 of the EC Treaty. Citations: Times 16-Nov-1994, Independent 11-Nov-1994 Statutes: EC Treaty Article 5 Jurisdiction: England and Wales Citing: Appeal from … Continue reading Society of Lloyd’s v Clementson and Another: CA 11 Nov 1994