Search Results for: Lloyd

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Davis v Lloyds Bank Plc: ChD 3 Jul 2020

action for breach of statutory duty against Lloyds Bank plc – conduct by Lloyds Bank plc of a review process that was agreed between the Financial Services Authority and Lloyds Bank plc in June 2012, and later updated in 2013. The review process concerned the mis-selling of certain types of interest rate hedging products to … Continue reading Davis v Lloyds Bank Plc: ChD 3 Jul 2020

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. Held: A name at Lloyd’s grants a power of attorney to the underwriting agent to execute that power which is irrevocable. Judges: Colman J Citations: [1997] CLC 759, [1997] 6 Re LR 214 Jurisdiction: England and Wales Cited by: Appeal from – Society of Lloyd’s … Continue reading Society of Lloyd’s v D Leighs and Others; Society of Lloyd’s v D Wilkinson and Others: ComC 20 Feb 1997

Regina v Lloyd (BP): CACD 28 Feb 2007

The defendant appealed his sentence for the rape of a child under 13. Held: In setting the sentence, the judge had referred to consultation guidelines issued by the Sentencing Guidelines Council. The applicable guide case was Millberry until and unless the consultation was concluded and new guidance given. The sentence was reduced to the starting … Continue reading Regina v Lloyd (BP): CACD 28 Feb 2007

Mahme Trust v Lloyds TSB Bank plc: ChD 29 Jul 2004

The claimant began an action in England. The defendant sought a stay, saying the appropriate forum was Switzerland. Held: The defendant was a truly multi-national orgaisation and had branches in many countries. The choice of forum belongs to the claimant not the court, and it was not for the court to fetter that choice. The … Continue reading Mahme Trust v Lloyds TSB Bank plc: ChD 29 Jul 2004

Yi-Lucas v Lloyds Banking Group Plc (Practice and Procedure): EAT 22 Oct 2020

In this case the Claimant sought various remedies from a number of persons. The first person she convened was Lloyds Banking Group plc. In a previous tribunal application, the Claimant had convened Lloyds Banking Group plc together with other persons. The Tribunal had decided she was not employed by Lloyds and was not entitled to … Continue reading Yi-Lucas v Lloyds Banking Group Plc (Practice and Procedure): EAT 22 Oct 2020

Revenue and Customs Prosecution Office, Regina (on the Application of) v Lloyds TSB Plc: Admn 2 Oct 2007

An assets freezing order had been made. The defendant had a substantial sum of money with the bank in a non-interest bearing account. The bank moved the assets to an interest bearing account but e prosecutor was not informed. An order finding the defendants in contempt of the order was sought. Held: ‘The decision on … Continue reading Revenue and Customs Prosecution Office, Regina (on the Application of) v Lloyds TSB Plc: Admn 2 Oct 2007

Jaques v Lloyd D George and Partners: 1968

Citations: [1968] CLY 35 Jurisdiction: England and Wales Cited by: Cited – Brodie, Marshall and Co (Hotel Division) Ltd v Sharer 1988 The defendant resisted payment of his estate agent’s charges. The agency contract gave the agent sole selling rights, but the purchaser was found on the vendor’s own initiative. The terms made commission was … Continue reading Jaques v Lloyd D George and Partners: 1968

Office of Fair Trading v Lloyds TSB Bank Plc and others: ComC 12 Nov 2004

The OFT failed in its attempt to make the defendant credit card company liable under the 1974 Act for purchases abroad. Judges: Gloster J DBE Citations: [2004] EWHC 2600 (Comm), [2005] 1 All ER 843, [2005] 1 All ER (Comm) 354, [2005] ECC 27 Links: Bailii Statutes: Consumer Credit Act 1974 75 Jurisdiction: England and … Continue reading Office of Fair Trading v Lloyds TSB Bank Plc and others: ComC 12 Nov 2004

Lloyds Bank Plc v Independent Insurance Co Ltd: CA 26 Nov 1998

The bank had made an electronic transfer of funds for a customer in satisfaction of that customer’s proper debt, but it was done under a mistake of fact as to the cleared status of funds received. Held: The appeal was turned down. The bank was not entitled to restitution of payment once made. Judges: Gibson … Continue reading Lloyds Bank Plc v Independent Insurance Co Ltd: CA 26 Nov 1998

Society of Lloyd’s v Jaffray and others: QBD 3 Aug 2000

Any party was free to put in evidence statements where the party who had prepared them had himself decided not to call the evidence. There was no power to call the person to give that evidence, but it could be admitted on the basis that it was hearsay evidence. This reversed the old rule. The … Continue reading Society of Lloyd’s v Jaffray and others: QBD 3 Aug 2000

Long v Lloyd: CA 19 May 1958

Appeals from a judgment dismissing the plaintiff’s claim to rescission of an executed contract of sale on the ground of innocent misrepresentation. Citations: [1958] EWCA Civ 3, [1958] 2 All ER 402, [1958] 1 WLR 753 Links: Bailii Jurisdiction: England and Wales Contract, Torts – Other Updated: 26 November 2022; Ref: scu.262825

Society of Lloyd’s v Jaffray and others: CA 8 Oct 2001

Applications in group litigation between the Society of Lloyd’s and Names at Lloyd’s – ‘ threshold fraud point’ Citations: [2001] EWCA Civ 1503, [2001] EWCA Civ 1485 Links: Bailii, Bailii Jurisdiction: England and Wales Citing: Appeal from – Society of Lloyd’s v Jaffray and others QBD 3-Aug-2000 Any party was free to put in evidence … Continue reading Society of Lloyd’s v Jaffray and others: CA 8 Oct 2001

Lloyds Bank Plc v Hawkins: CA 9 Oct 1998

Where a bank had sued under a mortgage for all moneys due, and had succeeded, it was not subsequently open to it to commence further proceedings to claim liabilities under deed of guarantee which had been inadvertently omitted from the first claim. Citations: Times 09-Oct-1998, [1998] EWCA Civ 1391 Jurisdiction: England and Wales Litigation Practice … Continue reading Lloyds Bank Plc v Hawkins: CA 9 Oct 1998

Lloyds Bank Plc and others v Cassidy: CA 1 Dec 2004

The defendant sought leave to appeal against orders for possession. The trial had been transcribed by the claimant. At the start of the application, a copy of the transcript was given to the judge but not the defendant despite his application. Held: The judge should not be provided with a document which was not also … Continue reading Lloyds Bank Plc and others v Cassidy: CA 1 Dec 2004

Lloyd-Webber v Revenue and Customs: FTTTx 6 Dec 2019

CAPITAL GAINS TAX – Contracts for land and properties to be built in Barbados – Properties not built – Disposal of contractual rights – Whether payments made under contracts prior to disposal of rights gave rise to losses for CGT purposes – Appeal allowed Citations: [2019] UKFTT 717 (TC) Links: Bailii Jurisdiction: England and Wales … Continue reading Lloyd-Webber v Revenue and Customs: FTTTx 6 Dec 2019

CEL Group Ltd v Nedlloyd Lines UK Ltd and Another: CA 26 Nov 2003

Judges: Lady Justice Hale Lord Justice Waller Lord Justice Carnwath Citations: [2003] EWCA Civ 1716, [2004] 1 Lloyd’s Rep 381, [2004] 1 Lloyd’s Rep 381 Links: Bailii Jurisdiction: England and Wales Citing: See also – Cel Group Ltd v Nedlloyd Lines UK Ltd and Another CA 18-Dec-2003 The defendant sought indemnity costs with interest at … Continue reading CEL Group Ltd v Nedlloyd Lines UK Ltd and Another: CA 26 Nov 2003

HLB Kidsons (A Firm) v Lloyds Underwriters Subscribing To Lloyds Policy No 621/PKID00101 and others: ComC 9 Aug 2007

Judges: Mrs Justice Gloster, DBE Citations: [2007] EWHC 1951 (Comm), [2008] Lloyd’s Rep IR 237, [2008] 1 All ER (Comm) 769, [2008] Bus LR D28 Links: Bailii Jurisdiction: England and Wales Cited by: Main Judgment – HLB Kidsons (A Firm) v Lloyds Underwriters (Policy No 621/Pkid00101) and others Comc 22-Nov-2007 . .See also – HLB … Continue reading HLB Kidsons (A Firm) v Lloyds Underwriters Subscribing To Lloyds Policy No 621/PKID00101 and others: ComC 9 Aug 2007

P and O Nedlloyd BV Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited/East West Corporation (No 2): CA 19 Feb 2003

The claimants had made a Part 36 offer at first instance, but the matter was appealed. Having won at appeal they sought their costs on an indemnity basis of the appeal also. Held: If a party wished to protect itself by a Part 36 offer, it must be made both at first instance, and again … Continue reading P and O Nedlloyd BV Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited/East West Corporation (No 2): CA 19 Feb 2003

P and O Nedlloyd Bv v Arab Metals Co and others: CA 28 Mar 2006

Citations: [2006] EWCA Civ 1300, [2007] 2 Lloyd’s Rep 148, [2007] 1 WLR 2483 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – P and O Nedloyd BV v Arab Metals Co and Others (‘The UB Tiger’) QBD 22-Jun-2005 The claimants sought to amend their particulars of claim to add a request for declarations … Continue reading P and O Nedlloyd Bv v Arab Metals Co and others: CA 28 Mar 2006

Society of Lloyd’s v Fraser (No. 1): CA 1998

Affirmed Citations: [1998] CLC 1630, [1999] Lloyd’s Rep IR 156 Jurisdiction: England and Wales Citing: Appeal from – Society of Lloyd’s v Fraser (No 1) ComC 3-Dec-1997 Lloyd’s litigation: abuse of process for names to raise fraud defence to claim for Equitas premium which could have been raised in earlier test cases. . . Cited … Continue reading Society of Lloyd’s v Fraser (No. 1): CA 1998

Lloyds Bank Plc v Wojcik and Another: CA 19 Dec 1997

The defendants appealed a judgment giving the claimants possession of their property under a charge. The first defendant had been refused leave to amend his defence to argue a limitation point. The second defendant claimed she had been inveigled into signing the charge by the bank manager. Held: The first defendant should have been given … Continue reading Lloyds Bank Plc v Wojcik and Another: CA 19 Dec 1997

Stockwell and others v Society of Lloyd’s; Society of Lloyd’s v Henderson and Others; Lowe and Others v Society of Lloyd’s: CA 27 Jul 2007

The claimants sought to recover damages from the defendants in their alleged mishandling of their agencies. They had sought to amend the pleadings to add a claim for misfeasance in public office, and now appealed refusal of leave. Held: the appeals failed. The House in Three Rivers had defined the tort, but there was little … Continue reading Stockwell and others v Society of Lloyd’s; Society of Lloyd’s v Henderson and Others; Lowe and Others v Society of Lloyd’s: CA 27 Jul 2007

Davies v Lloyd and Another (Evidence): LRA 19 Apr 2011

Application for first registration – lost, stolen, or destroyed documents of title – Respondents’ case based on a claim for adverse possession – relevance or otherwise of the Land Registration Act 2002, sections 97 and 134, Schedule 6 paragraph 5(4), and Schedule12 paragraph 18(1) to the case – Land Registry Practice Guide 2 Citations: [2011] … Continue reading Davies v Lloyd and Another (Evidence): LRA 19 Apr 2011

Swan Hill Developments Limited, Lloyd-Thomas etc v British Waterways Board: CA 25 Feb 1997

The issue was whether the rights given under the section could only be exercised by owners of land on either side of the canal. Held: The Act took rights over land and was to be construed in the case of any ambiguity against its proposers. Section 79 was a proviso intended to protect the rights … Continue reading Swan Hill Developments Limited, Lloyd-Thomas etc v British Waterways Board: CA 25 Feb 1997

Lloyds Bank Plc v Rogers and Another: CA 20 Dec 1996

An out of time claim for defamation was allowed after late disclosures by the defendant bank in the case. Citations: Times 24-Mar-1997, [1996] EWCA Civ 1277 Jurisdiction: England and Wales Citing: Appeal from – Lloyd’s Bank Plc v Rogers and Another QBD 11-Apr-1996 Claim may be added outside limitation period where based on same facts. … Continue reading Lloyds Bank Plc v Rogers and Another: CA 20 Dec 1996

Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc: SCS 29 Dec 2011

(Inner House) The bank had created a trust deed providing for a share of realised profits to be paid each year to the pursuer charitable foundation. The bank had acquired another bank leading to a substantial but unrealised gain. Regulations on accounting practice changed requiring the unrealised gain to be moved into the profit and … Continue reading Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc: SCS 29 Dec 2011

Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-298/04: ECJ 13 Jul 2006

ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-298/04: ECJ 13 Jul 2006

Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-297/04: ECJ 13 Jul 2006

Europa Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-297/04: ECJ 13 Jul 2006

Lloyds Bank Plc and others v Cassidy: CA 8 Nov 2002

Judges: Mance LJ Citations: [2002] EWCA Civ 1606 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Lloyds Bank v Cassidy CA 26-Jul-2002 Application for leave to appeal – adjourned . . See Also – Lloyds Bank Plc and others v Cassidy CA 1-Dec-2004 The defendant sought leave to appeal against orders for possession. … Continue reading Lloyds Bank Plc and others v Cassidy: CA 8 Nov 2002

Brit Syndicates Ltd (Brit Syndicate 2987 at Lloyd’s) and others v Grant Thornton International and Another: CA 6 Dec 2006

Citations: [2006] EWCA Civ 1661, [2007] 1 Lloyd’s Rep 329, [2007] Lloyd’s Rep IR 343, [2007] Lloyd’s Rep IR Plus 16 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Brit Syndicates Ltd and others v Italaudit Spa and Another ComC 3-Mar-2006 The claimant insurers sought a declaration that they had successfully avoided an … Continue reading Brit Syndicates Ltd (Brit Syndicate 2987 at Lloyd’s) and others v Grant Thornton International and Another: CA 6 Dec 2006

Ansar v Lloyds TSB Bank Plc and others: CA 9 Oct 2006

The claimant challenged a decision of the chairman of the Employment tribunal not to recuse himself on a later hearing after the claimant had previously made allegations of bias and improper conduct against him. Judges: Waller LJ, Laws LJ, Leveson LJ Citations: [2006] EWCA Civ 1462, [2007] IRLR 211, [2006] ICR 1565 Links: Bailii Statutes: … Continue reading Ansar v Lloyds TSB Bank Plc and others: CA 9 Oct 2006

Smith v Lloyd: ChD 17 Jan 2022

Judges: Mr Justice Zacaroli Citations: [2022] EWHC 2414 (Ch) Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 23 October 2022; Ref: scu.681582

Lloyd v Jagpal and Another: ChD 21 Jul 2009

The claimant said that the defendant had, when transferring matters to a new phone bought from his employer the second defendant, taken copies of images which had been sold on to newspapers. The second defendant now sought summary dismissal of the claim against it saying that it was not vicariously liable for his torts. Held: … Continue reading Lloyd v Jagpal and Another: ChD 21 Jul 2009

P and O Nedlloyd B v Dampskibsselskabet Af, 1912, Aktieselskab, Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited, East West Corporation: CA 12 Feb 2003

The claimants shipped goods to Chile through the defendant shipping line. The goods were lost. The shippers rights of suit under the contract of carriage had been transferred to a third party. Held: The shippers as the bank’s principals couldn’t be the holders of the bills endorsed to the banks, and the rights of suit … Continue reading P and O Nedlloyd B v Dampskibsselskabet Af, 1912, Aktieselskab, Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited, East West Corporation: CA 12 Feb 2003

Damon Compania Naviera SA v Hapag-Lloyd International SA ‘The Blankenstein’: CA 1985

The buyers sought to rely on their own failure to pay a deposit to escape from a contract. Held: They failed. A contract had been entered into by the ‘principals’, though the intention was that upon nomination by them there should be a novation of the contract with the nominee. A provision for payment of … Continue reading Damon Compania Naviera SA v Hapag-Lloyd International SA ‘The Blankenstein’: CA 1985

Bournemouth and Boscombe Athletic Football Club Ltd v Lloyds TSB Bank Plc: ChD 16 Apr 2003

Judges: The Honourable Mr Justice Peter Smith Citations: [2003] EWHC 834 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: Appealed to – Bournemouth and Boscombe Athletic Football Club Ltd v Lloyds TSB Bank Plc CA 10-Dec-2003 Appeal from refusal of extension of time to serve particulars of claim and strike out. . . Cited by: … Continue reading Bournemouth and Boscombe Athletic Football Club Ltd v Lloyds TSB Bank Plc: ChD 16 Apr 2003

Lloyds UDT Finance Limited v Chartered Finance Trust Holdings Plc and others: ChD 22 Nov 2001

The Act restricted the extent to which payment made for the hire of vehicles exceeding certain values could be deducted from profits when calculating tax. Autolease hired cars and then relet them to the public. On the sale of the company the question arose as to whether that restriction might apply only to those cars … Continue reading Lloyds UDT Finance Limited v Chartered Finance Trust Holdings Plc and others: ChD 22 Nov 2001

Smith v Lloyds TSB Bank Plc: ChD 23 Feb 2005

The respondent declined to produce information held about the claimant saying that it was not held within a filing system so as to bring it within the Act. Held: ‘the legislature has taken a policy decision not to bring unstructured files within the general scope of the Directive. ‘ Judges: Laddie, The Hon Mr Justice … Continue reading Smith v Lloyds TSB Bank Plc: ChD 23 Feb 2005

Nabb Brothers Ltd v Lloyds Bank International (Guernsey) Ltd: ChD 18 Mar 2005

It is not necessary that all the acts giving rise to liability occurred within the jurisdiction. Citations: [2005] EWHC 405 (Ch) Links: Bailii Jurisdiction: England and Wales Cited by: Criticised – Islamic Republic of Pakistan v Zardari and others ComC 6-Oct-2006 The claimant alleged that the defendants had funded the purchase of various properties by … Continue reading Nabb Brothers Ltd v Lloyds Bank International (Guernsey) Ltd: ChD 18 Mar 2005

Aquarius Financial Enterprises v Certain Underwriters at Lloyd’s: 2001

Judges: Toulson J Citations: (2001) 151 New LJ 694 Jurisdiction: England and Wales Cited by: Cited – King v Telegraph Group Ltd CA 18-May-2004 The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation … Continue reading Aquarius Financial Enterprises v Certain Underwriters at Lloyd’s: 2001

BP Oil UK Ltd and others v Lloyds TSB Bank Plc: CA 21 Dec 2004

An option was granted to three lessees for the purchase of the reversion. After one ceased to be a lessee, the remaining two purported to exercise the option. The landlord said that only the three could exercise the option together. Held: The option had to be exercised by all three parties, but the remaining two … Continue reading BP Oil UK Ltd and others v Lloyds TSB Bank Plc: CA 21 Dec 2004

Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc: SCS 17 Jun 2011

(Outer House) The bank had covenanted to provide a certain proportion of its profits to the pursuer charitable foundation. The bank had acquired another at an accounting loss, but in 2005, a change in accounting standards turned that substantial loss into a profit. The Foundation said that the donation should be calculated accordingly. Held: The … Continue reading Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc: SCS 17 Jun 2011

In re Names at Lloyds: ChD 3 Dec 2008

An application was made for waiver to allow the transfer of liabilities from Lloyds names to named insurance company. Held: Such an application required a scheme report, but that report did not have to be in place at the time the application was launched provided it was available before the order was made. Judges: Floyd … Continue reading In re Names at Lloyds: ChD 3 Dec 2008

Lloyds TSB Bank Plc v Norman Hayward: ChD 23 Jul 2004

The bank claimed repayment under personal guarantees given by the respondent of the debts of a football club. The defendant said his guarantee had been discharged under the rule in Holme v Brunskill. Judges: The Hon Mr Justice Evans-Lombe Citations: [2004] EWHC 1798 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Holme v … Continue reading Lloyds TSB Bank Plc v Norman Hayward: ChD 23 Jul 2004

Bournemouth and Boscombe Athletic Football Club Ltd v Lloyds TSB Bank Plc: CA 28 Jun 2004

Judges: Thorpe, Jonathan Parker LLJ Citations: [2004] EWCA Civ 935 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Bournemouth and Boscombe Athletic Football Club Ltd v Lloyds TSB Bank Plc CA 10-Dec-2003 Appeal from refusal of extension of time to serve particulars of claim and strike out. . . Lists of cited by … Continue reading Bournemouth and Boscombe Athletic Football Club Ltd v Lloyds TSB Bank Plc: CA 28 Jun 2004

Boyo v Lloyds Bank Plc: QBD 23 Aug 2019

Proceedings against the Defendant for defamation (including malicious falsehood); breach of contract and breach of common law duty in respect of a report that the Defendant made to Credit References Agencies in relation to an overdraft on the Claimant’s student current account. Judges: Anthony Metzer QC sitting as a Deputy Judge of the High Court … Continue reading Boyo v Lloyds Bank Plc: QBD 23 Aug 2019

Re Citro, Lloyds Bank plc v Byrne and Byrne, Abbey National plc v Moss and others and Barclays Bank plc v Hendricks: CA 1991

Trustees in bankruptcy of bankrupt husbands successfully appealed for the removal of provisos delaying the operation of orders for sale made under s30 in respect of each husband’s matrimonial home for the benefit of that husband’s wife who had been declared by the judge at first instance to be an equal owner with the husband … Continue reading Re Citro, Lloyds Bank plc v Byrne and Byrne, Abbey National plc v Moss and others and Barclays Bank plc v Hendricks: CA 1991

Clifton v Lloyds TSB Bank Plc: EAT 4 Mar 2010

EAT PRACTICE AND PROCEDURE Striking Out/Dismissal Strike out order upheld in part claim of unfair dismissal under both s103A and s98 Employment Rights Act – remitted for merits hearing before Employment Tribunal. Citations: [2010] UKEAT 0347 – 09 – 0403 Links: Bailii Employment Updated: 16 August 2022; Ref: scu.406560