Society Of Lloyd's v Noel [2002] EWCA Civ 937 (20 June 2002)

Society Of Lloyd's v Noel [2002] EWCA Civ 937 (20 June 2002)

Mrs Noel is bound by the Lloyd's Act 1982, the bye-laws, and the resolution and direction, which are sufficient to impose liability for the Equitas premium without the need for a post-1982 undertaking. All potential defences have been previously rejected or are irrelevant to the statutory basis of liability.

Source-derived case information.

Citation
[2002] EWCA Civ 937
Parties
Claimant/respondent: Society of Lloyd's; Defendant/applicant: Sally R Noel
Jurisdiction
England and Wales
Judgment Date
20 June 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Summary Judgment
Outcome
Application for permission to appeal refused
Legal Topics
Lloyd's Act 1982, Bye Laws, Summary Judgment, Reinsurance to Close, Authority of Agents, Undertakings, Fraud Allegations, Unconscionability, Irrationality
Contract Law Statutory Interpretation Insurance Law Lloyd's Act 1982 Bye Laws Summary Judgment Reinsurance to Close Authority of Agents +4 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Society of Lloyd's

Claimant/respondent

Sally R Noel

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal From Summary Judgment

Legal Issues

  1. 1 Whether Mrs Noel is liable for the Equitas premium absent a post-1982 undertaking
  2. 2 Whether the Lloyd's Act 1982 and bye-laws bind Mrs Noel without her express consent
  3. 3 Whether any defences (fraud, unconscionability, irrationality) are available to Mrs Noel

Ratio Decidendi

Mrs Noel is bound by the Lloyd's Act 1982, the bye-laws, and the resolution and direction, which are sufficient to impose liability for the Equitas premium without the need for a post-1982 undertaking. All potential defences have been previously rejected or are irrelevant to the statutory basis of liability.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused