Lam v National Federation Of Small Businesses [2002] EWCA Civ 212 (28 January 2002)

Lam v National Federation Of Small Businesses [2002] EWCA Civ 212 (28 January 2002)

The applicant's claim is arguable because the legal structure of the Federation's insurance arrangements raises unresolved issues about agency and trusteeship, as highlighted in Swain v The Law Society. The matter is not unarguable and should proceed to a full appeal.

Citation
[2002] EWCA Civ 212
Parties
Claimant/applicant: LAM; Defendant/respondent: National Federation of Small Businesses
Jurisdiction
England and Wales
Judgment Date
28 January 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Group Insurance Schemes, Agency, Trusteeship, Contractual Interpretation
Contract Law Insurance Law Group Insurance Schemes Agency Trusteeship Contractual Interpretation

Case Brief

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Parties

LAM

Claimant/applicant

National Federation of Small Businesses

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Federation was contractually obliged to provide direct support to the applicant or merely to arrange insurance cover
  2. 2 Whether a contract existed between the applicant and the Federation for unconditional support up to £35,000 or £50,000
  3. 3 Whether the Federation acted as agent or trustee in arranging insurance for members

Ratio Decidendi

The applicant's claim is arguable because the legal structure of the Federation's insurance arrangements raises unresolved issues about agency and trusteeship, as highlighted in Swain v The Law Society. The matter is not unarguable and should proceed to a full appeal.

Court Disposition

Permission to appeal granted

Orders

  • Application allowed
  • Appeal to be listed before two Lord Justices, one of whom may be a High Court judge