Lam v Federation Of Small Businesses [2002] EWCA Civ 1457 (4 October 2002)

Lam v Federation Of Small Businesses [2002] EWCA Civ 1457 (4 October 2002)

The Federation's obligation was limited to arranging insurance cover for its members; there was no contractual obligation on the Federation to indemnify the appellant beyond the terms of the insurance policy. Promotional materials did not override the formal insurance documentation provided to the appellant.

Citation
[2002] EWCA Civ 1457
Parties
Appellant/claimant: Mr Chung Tak Lam; Respondent/defendant: Federation of Small Businesses
Jurisdiction
England and Wales
Judgment Date
04 October 2002
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Group Insurance Schemes, Interpretation of Contractual Obligations, Indemnity Vs Insurance, Membership Benefits
Contract Law Insurance Law Group Insurance Schemes Interpretation of Contractual Obligations Indemnity Vs Insurance Membership Benefits

Case Brief

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Parties

Mr Chung Tak Lam

Appellant/claimant

Federation of Small Businesses

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the respondent Federation was contractually obliged to indemnify the appellant for expenses incurred during an Inland Revenue investigation beyond arranging insurance cover
  2. 2 Whether promotional materials created an unqualified contractual obligation

Ratio Decidendi

The Federation's obligation was limited to arranging insurance cover for its members; there was no contractual obligation on the Federation to indemnify the appellant beyond the terms of the insurance policy. Promotional materials did not override the formal insurance documentation provided to the appellant.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed at £4,500 including VAT