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
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
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
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 had declined to make a finding in relation to the date when a note had been written, saying only that, since he regarded the date when, and the circumstances in … Continue reading Lloyds TSB Bank Plc v Hayward: CA 12 Dec 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
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
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
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
Citations: [2005] EWHC 2491 (Comm) Links: Bailii Jurisdiction: England and Wales Limitation, Litigation Practice Updated: 06 June 2022; Ref: scu.235486
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
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
Summary Decision – Transfer Citations: [2014] DRS 13996 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 04 June 2022; Ref: scu.525594
Application by one side for moratorium on further proceedings unlikely to succeed. Citations: Times 10-Aug-1995 Jurisdiction: England and Wales Litigation Practice Updated: 04 June 2022; Ref: scu.83117
Detailed report on progress of all the various Lloyd’s Insurance cases. Citations: Times 05-May-1995 Jurisdiction: England and Wales Litigation Practice Updated: 04 June 2022; Ref: scu.83122
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
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
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
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
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
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
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
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
Judges: Schiemann, sedley, Arden LJJ Citations: [2001] EWCA Civ 533, [2002] 1 FCR 136, [2001] BLGR 421, (2001) 4 CCL Rep 196, [2001] 2 FLR 763 Links: Bailii Jurisdiction: England and Wales Local Government Updated: 31 May 2022; Ref: scu.147515
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
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
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
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
Professional Regulation Citations: [2018] UKFTT PR – 2018 – 00024 Links: Bailii Jurisdiction: England and Wales Housing Updated: 30 May 2022; Ref: scu.634261
Judges: Lionel Persey QC sitting as a Judge of the High Court Citations: [2018] EWHC 2011 (Comm) Links: Bailii Jurisdiction: England and Wales Torts – Other Updated: 30 May 2022; Ref: scu.625919
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
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
Citations: [2002] EWCA Civ 235 Links: Bailii Jurisdiction: England and Wales Insurance Updated: 30 May 2022; Ref: scu.216857
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
Summary Decision – Transfer Citations: [2015] DRS 15426 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 29 May 2022; Ref: scu.548144
Full Decision – Transfer Citations: [2015] DRS 15109 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 29 May 2022; Ref: scu.548133
Citations: [2000] EWHC Admin 308 Links: Bailii Insurance Updated: 29 May 2022; Ref: scu.140122
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
Citations: [1998] EWHC Admin 415 Links: Bailii Jurisdiction: England and Wales Insurance Updated: 27 May 2022; Ref: scu.138536
Citations: [1997] EWHC Admin 1158 Links: Bailii Jury Updated: 26 May 2022; Ref: scu.138103
Request for judicial review of decision to extend custody time limits. Citations: [1997] EWHC Admin 214 Links: Bailii Criminal Practice Updated: 25 May 2022; Ref: scu.137159
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
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
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
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
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
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
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
Councillors had been surcharged by the district auditor. The Act provided for an appeal to the High Court by anyone ‘aggrieved’ by the decision of an auditor, and further provided that on the hearing of the appeal ‘the court may confirm, vary or quash the decision and give any certificate which the auditor could have … Continue reading Lloyd v McMahon: CA 1986
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
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
The testator, upon the marriage of a daughter, entered into a bond for the payment of pounds 5000 within six months after his decease to the trustees of his daughter’s settlement, the interest to be paid to the husband for life ; and, after his decease, if the wife survived him and there were children … Continue reading Lloyd v Harvey: 23 Jun 1832
The court was asked as to a mortgagee’s entitlement to require the mortgagor to pay all arrears of interest as a condition of redemption, even if some of the arrears would be statute-barred if the mortgagee were seeking to recover them by action, or to retain all such arrears on accounting to the mortgagor for … Continue reading In re Lloyd; Lloyd v Lloyd: CA 1903
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
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
Citations: [2020] EWCh 3135 (Ch) Links: Bailii Jurisdiction: England and Wales Financial Services Updated: 16 May 2022; Ref: scu.656299
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
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
Examines cases where expert witness may be excused attendance at court. Citations: Times 29-Feb-1996 Jurisdiction: England and Wales Litigation Practice Updated: 15 May 2022; Ref: scu.89371
Lloyd’s Central fund byelaw doesn’t affect international trade; no EU law breach. Citations: Times 14-May-1996 Statutes: EC Treaty 85 Jurisdiction: England and Wales Insurance, European Updated: 15 May 2022; Ref: scu.89373
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
Stop loss recoveries were not subject to Lloyd’s trusts. Citations: Ind Summary 21-Jun-1993 Jurisdiction: England and Wales Insurance Updated: 15 May 2022; Ref: scu.89377
A court in England could issue an injunction preventing parties continuing an action in Australia even though the court there had accepted jurisdiction. The contract contained an exclusive jurisdiction clause for dispute to be settled here, and the Australian court did not appear to have considered relevant English court decisions. Such an action must be … Continue reading Society of Lloyd’s v White and others: QBD 14 Apr 2000
Alteration of trust deed to bring into trust damages payable was not valid. Citations: Times 24-May-1996 Jurisdiction: England and Wales Trusts Updated: 15 May 2022; Ref: scu.89383
A cheque was altered and presented and paid through an account operated by the defendants. The claimants asserted that the collecting bank had converted the cheque and were liable to repay its value. The cheque having been fraudulently altered, it was held that it had, under the Act, ceased to be a cheque as such, … Continue reading Smith and another v Lloyds TSB Group plc: QBD 23 Dec 1999
List of dates for review of progress of different Lloyds claims. Citations: Times 08-Feb-1994 Jurisdiction: England and Wales Litigation Practice Updated: 15 May 2022; Ref: scu.83118
Mrs Carrick was a widow who orally agreed with her brother in law, a builder, to sell her house and pay him the proceeds, for which he would provide her with a new house. She did so and moved into the new house, which remained in the brother-in-law’s name; later he mortgaged it to the … Continue reading Lloyds Bank Plc v Carrick and Another: CA 17 Apr 1996
EAT Practice and Procedure – Bias, misconduct and procedural irregularity. Judges: The Honourable Mr Justice Burton Citations: UKEAT/0152/06 (Ansar No.1), UKEAT/0609/05 (Ansar No.2) Links: EAT, EAT Employment Updated: 14 May 2022; Ref: scu.257783
One of two joint tenants under a tenancy protected under the Act, had left the property to get married and did not intend to return. The remaining tenant stayed until the end of the tenancy. The landlord claimed possession, arguing that the remaining tenant was not a statutory tenant protected by the statute because she … Continue reading Lloyd v Sadler: CA 1978
Where there is evidence that a husband has taken unfair advantage of his influence over his wife, or her confidence in him, ‘it is not difficult for the wife to establish her title to relief.’ Judges: Maugham J Citations: [1931] 1 Ch 289 Cited by: Cited – Royal Bank of Scotland v Etridge (No 2); … Continue reading In re Lloyds Bank Ltd, Bomze v Bomze: 1931
ComC Lloyd’s Litigation – renewal and reconstruction – market settlement – case management of cases where there is dispute between names and Lloyd’s as to whether a binding contract was concluded Judges: Cresswell J Citations: [1998] Lloyd’s Rep IR 186, [1997] CLC 1411 Jurisdiction: England and Wales Insurance Updated: 13 May 2022; Ref: scu.220781
ComC Termination; Estoppel/Manner, Validity of Notice of Termination. The contract under which Plaintiffs’ promissory notes had been held by a bank and been validly terminated. The Plaintiffs were not estopped from relying on breach in order to terminate. Judges: Tuckey J Citations: Unreported, 1 September 1997 Jurisdiction: England and Wales Contract Updated: 13 May 2022; … Continue reading Energoproject Holding Company and Others v Lloyds Bank Plc and Others: ComC 1 Sep 1997
A short delay in the sale of a property by a mortgagee was appropriate to allow proper advertising of a property. Citations: [2001] 2 All ER (Comm) 741 Jurisdiction: England and Wales Cited by: Cited – Den Norske Bank Asa v Acemex Management Company Ltd CA 7-Nov-2003 Money had been loaned for the purchase of … Continue reading Meftah v Lloyd’s TSB Bank Plc: 2001
The setting aside of the statutory power of a mortgagor in possession to grant a lease, by the mortgage itself did not create in the lender a duty of good faith properly to consider a request from the mortgagor for permission to let the property. It was wrong to attempt to import such a duty … Continue reading Kenneth Starling v Lloyds TSB Bank plc: CA 10 Nov 1999
An acceptance of an offer could be complete even if accompanied by a request for an indulgence. The request for such an indulgence delivered with an unequivocal acceptance of the offer made was not sufficient to make the acceptance conditional. If the request for an indulgence fell short of the addition of a new term … Continue reading Society of Lloyd’s v Twinn and another: CA 4 Apr 2000
Consequential Orders Judges: Morgan J Citations: [2018] EWHC 3343 (Ch) Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 11 May 2022; Ref: scu.631387
The court considered the doctrine of res ipsa loquitur and the burden of proof in establishing negligence: ‘I doubt whether it is right to describe res ipsa loquitur as a ‘doctrine’. I think that it is no more than an exotic, although convenient, phrase to describe what is in essence no more than a common … Continue reading Lloyde v West Midlands Gas Board: CA 1971
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge concluded that they constituted a ‘trespassory assembly’ and told them so. When asked to move off, many did, … Continue reading Director of Public Prosecutions v Jones and Lloyd: HL 4 Mar 1999
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 … Continue reading Garrow v Society of Lloyd’s: CA 28 Oct 1999
A payment made by a person without compulsion, intending to discharge another’s debt, will not discharge that debt unless he acted with that other’s authority or if that other subsequently ratifies the payment. Judges: Pill LJ Citations: [2002] All ER (Comm) 89 Jurisdiction: England and Wales Citing: See Also – Crantrave Ltd (In Liquidation) v … Continue reading Crantrave Ltd (In Liquidation) v Lloyd’s Bank Plc: CA 2002
A secret commission had been agreed and paid to the agent. The court was asked whether the principal had elected to affirm the contract with the other party at a later meeting when he was given some information about what had happened. Held: He had not. The principal had still not made his election with … Continue reading Bartram and Sons v Lloyd: 1904
The court was asked whether notice had in substance been properly given by an insured so as to allow a claim to be made under an insurance policy. The County Court judge held that there had been a breach of condition and that the insurers were therefore entitled to decline liability. Held: The appeal succeeded. … Continue reading Barrett Bros (Taxis) Ltd v Davies Lickiss and Milestone Motor Policies at Lloyd’s, Third Parties: CA 1966
Receivers of property under charge are not obliged before sale to spend money on repairs. Judges: Lawrence J Citations: [2001] 2 All ER (Comm) 741 Jurisdiction: England and Wales Cited by: Cited – Lloyds Bank Plc and others v Cassidy CA 1-Dec-2004 The defendant sought leave to appeal against orders for possession. The trial had … Continue reading Meftah v Lloyds TSB Bank: ChD 2001
A husband held the matrimonial home on trust for sale for himself and his wife in equal shares. The couple lived in the house. The husband and another man were in business with through a limited company, and guaranteed the its debts to the plaintiff, who obtained a default judgment against the husband under the … Continue reading Lloyds Bank plc v Byrne and Byrne: 1993
The claimant’s properties had been sold after repossession by a lender. He claimed damages for the negligent sales at an undervalue. He began the action after six years after the properties were sold, and asserted that the action was based upon the mortgages and that therefore the limitation period was twelve not six years. Assertions … Continue reading Raja v Lloyds Bank Plc: CA 8 Feb 2001
The court considered the charitable status of a trust established for the teaching of Socialised Medicine included demonstrating that ‘the full advantage of Socialised Medicine can only be enjoyed in a Socialist State’. Held: A charitable purpose must not be propagandist. The public must be presented with neutral information so that they can choose for … Continue reading In Re Bushnell (Deceased); Lloyds Bank Ltd and others v Murray and others: 1975
Ungoed-Thomas J said: ‘The more serious the allegation the more cogent is the evidence required to overcome the unliklihood of what is alleged and thus to prove it.’ Judges: Ungoed-Thomas J Citations: [1964] 1 WLR 451, [1964] 1 All ER 771 Jurisdiction: England and Wales Cited by: Cited – In re H and R (Minors) … Continue reading In re Dellow’s Will Trusts; Lloyd’s Bank v Institute of Cancer Research: ChD 1964
The tenant’s lease had about twelve years unexpired and was at a rent of andpound;45 per annum. The valuation of the landlord’s reversionary freehold interest involved two stages. The first stage was to assess the so-called investment value of the landlord’s interest. This had two components. The first was the right to receive the rent … Continue reading Lloyd-Jones v Church Commissioners for England: 1982
Judges: Lord Denning MR Citations: [1981] LLR 423 Jurisdiction: England and Wales Cited by: Cited – Aurangzeb, Regina (on the Application of) v the Law Society of England and Wales Admn 7-May-2003 The claimant sought judicial review of decisions of the Law Society as to his alleged practise as a solicitor in breach of conditions … Continue reading Morgan v Lloyd: 1981
‘Broadchalke is one of the most pleasing villages in England. Old Herbert Bundy, the defendant, was a farmer there. His home was at Yew Tree Farm. It went back for 300 years. His family had been there for generations. It was his only asset. But he did a very foolish thing. He mortgaged it to … Continue reading Lloyds Bank plc v Bundy: CA 1974
ComC Banking – first demand guarantee – no implied term. Judges: Cresswell J Citations: Unreported, 07 November 1995 Jurisdiction: England and Wales Banking Updated: 06 May 2022; Ref: scu.185994
Leeds County Court – The court considered the extent of the obligation imposed by s 8(2) of the 1998 Act. Held: The data controller is only required under the section to supply the individual with such personal data as is found after a reasonable and proportionate search. Judges: Behrens HHJ Citations: Unreported 24 April 2012 … Continue reading Elliott v Lloyds TSB Bank: 24 Apr 2012
(Leeds County Court) The defendant sought to escape liability under a consumer credit agreement saying that the bank had failed to provide a true copy of the agreement as required by the Act. Held: A strict requirement that the bank produce the original could work injustice. A photocopy was not necessary and a reconstruction would … Continue reading Lloyds Bank v Mitchell: CC 13 Sep 2009
EAT Respondent dismissed for redundancy. Procedure unfair in that the appeal process was not properly conducted. Employment Tribunal made no Polkey deduction. On proper analysis of fact if a fair procedure had been adopted Respondent would still have been dismissed and at the same date. Therefore there should be 100% reduction. Judges: His Honour Judge … Continue reading Alvis Vickers Limited v D B Lloyd: EAT 16 Jun 2005
Judges: Saville J Citations: [1993] 2 LL Rep 579 Cited by: Cited – Banco Santander Sa v Bayfern Ltd and Others ComC 29-Jun-1999 The court was asked whether the risk of fraud on the part of the beneficiary of a confirmed deferred payment letter of credit is to be borne by the issuing bank (and … Continue reading The Society of Lloyds v CIB: 1993
The court considered a challenge to the appropriation of a colliery. The minister was given power under the 1939 Regulations: ‘if it appeared to him that in the interests of the public safety, the defence of the Realm, or the efficient prosecution of the war it was necessary to take control ‘ of property. Held: … Continue reading Point of Ayr Collieries Ltd v Lloyd George: CA 1943
Collins LJ said: ‘The right of abatement by individuals is not regarded with favour by the law. In the words of Lord Hale: ‘because this many times occasions tumults and disorders, the best way to reform public nuisances is by the ordinary courts of justice.” Judges: Collins LJ Citations: [1901] 2 Ch 518 Cited by: … Continue reading Campbell Davys v Lloyd: 1901
The plaintiff claimed in defamation after the defendant had republished an extract from a paper laid before parliament. Held: The ‘blue book’ reflected material laid before both houses of parliament, and reproduction of it was protected under the 1840 Act. As to whether the paper had been printed by malice, Darling J referred to an … Continue reading Mangena v Edward Lloyd Ltd: 1908
Long acquiescence by a landlord, or a failure to insist on his rights, does not amount to a release from a covenant, unless his conduct is wholly inconsistent with the continued existence of the covenant or shows that he intended to waive performance of it. Citations: [1955] 2 All ER 409 Citing: Cited – Hepworth … Continue reading Re Lower Onibury Farm, Onibury, Shropshire, Lloyds Bank Ltd v Jones: 1955
Mustill J considered liability under a marine insurance where damage was suffered when the sea state was within what might reasonably be anticipated: ‘The cases make it quite plain that if the action of the wind or sea is the immediate cause of the loss, a claim lies under the policy notwithstanding that the conditions … Continue reading J J Lloyd Instruments Ltd v Northern Star Insurance Co Ltd “The Miss Jay Jay”: 1985
The tribunal emphasised the need for a disciplinary procedure to be fair in providing an employee opportunities to know the case against him, and the evidence, and to be given chance to dispute that evidence. Judges: Knox J Citations: [1991] IRLR 336 Cited by: Cited – Strouthos v London Underground Ltd CA 18-Mar-2004 The claimant … Continue reading Fuller v Lloyds Bank PLC: EAT 1991
