A proper counterclaim against Lloyd’s of London for fraudulent misrepresentation with an amount at stake equal to the amount claimed was a proper basis for setting aside a statutory demand for a sum due to Lloyd’s, despite the existence of a deed requiring members to ‘pay now and sue later’ which purported to disallow counterclaims and set-off.
Citations:
Times 28-Oct-1999, Gazette 03-Nov-1999
Jurisdiction:
England and Wales
Citing:
Appeal from – Garrow v Society of Lloyd’s ChD 18-Jun-1999
Lloyds sought to claim against the Names on a ‘pay now, sue later’ clause.
Held: The power to order a stay of execution for possession remained and could be exercised in an appropriate case even though a cross-claim under which it was . .
Lists of cited by and citing cases may be incomplete.
Insurance, Contract
Updated: 10 May 2022; Ref: scu.80758
