Lloyds underwiters sought inspection of the records of the Lloyd’s brokers.
Held: The documents must be made available at the cost of the underwriters. It was an implied obligation in a market where the brokers retained the records to make the available where reasonably necessary.
Judges:
Lord Justice Rix Sir Anthony Clarke MR Lord Justice Richards
Citations:
[2006] EWCA Civ 54, Times 04-Apr-2006, [2006] 1 All ER (Comm) 501
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Grace v Leslie and Godwin Financial Services Ltd ComC 16-May-1995
Lloyds’ brokers are to keep contract slips as evidence of the policy whilst ever a possibility of a claim exists. A failure to do so can hamper the conduct of the litigation to the detriment of syndicate members, and the broker can be liable to them . .
See Also – Goshawk Syndicate Management Limited, Svb Syndicate Limited, Goshawk Dedicated (No.2) Limited, Svb Underwriting Limited v Xl Speciality Insurance Company ComC 14-May-2004
. .
Appeal from – Goshawk Dedicated Ltd and others v Tyser and Co Ltd and Another ComC 23-Mar-2005
Inspection of documents. . .
Cited by:
Cited – Aitken v Standard Life Assurance Ltd SCS 3-Dec-2008
The pursuer averred that the defendant, his pension provider, had wrongfully reduced its final bonus by ten per cent without notifying him. He sought to imply a term into the contract to provide such an effect, saying that the contract promised an . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 15 August 2022; Ref: scu.239921