Heath Lambert Ltd v Sociedad De Corretaje De Seguros & Anor

Heath Lambert Ltd v Sociedad De Corretaje De Seguros & Anor

Heath Lambert is entitled to a lien over the proceeds of the policy as against Banesco and any intermediary for unpaid premiums, and this lien is not extinguished by obtaining judgment against Scort. The lien persists until the premium is paid or otherwise satisfied, and there is no evidence of an agreement to waive...

Source-derived case information.

Parties
Claimant: Heath Lambert Limited; First Defendant: Sociedad de Corretaje de Seguros; Second Defendant: Banesco Seguros CA
Jurisdiction
England and Wales
Judgment Date
09 June 2006
Procedural Posture
Commercial/insurance Dispute / Judgment on Lien and Summary Judgment Applications
Outcome
Lien upheld; counterclaim stayed
Legal Topics
Marine Insurance Broker's Lien, Summary Judgment, Counterclaim, Unpaid Premiums, Lien Over Policy Proceeds
Insurance Law Commercial Law Marine Insurance Broker's Lien Summary Judgment Counterclaim Unpaid Premiums Lien Over Policy Proceeds

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Parties

Heath Lambert Limited

Claimant

Sociedad de Corretaje de Seguros

First Defendant

Banesco Seguros CA

Second Defendant

Procedural Posture

Commercial/insurance Dispute / Judgment on Lien and Summary Judgment Applications

Legal Issues

  1. 1 Whether Heath Lambert is entitled to a lien over insurance proceeds for unpaid premiums under section 53(2) of the Marine Insurance Act 1906
  2. 2 Whether the lien survives judgment against the First Defendant
  3. 3 Whether Banesco's counterclaim for proceeds should succeed or be stayed

Ratio Decidendi

Heath Lambert is entitled to a lien over the proceeds of the policy as against Banesco and any intermediary for unpaid premiums, and this lien is not extinguished by obtaining judgment against Scort. The lien persists until the premium is paid or otherwise satisfied, and there is no evidence of an agreement to waive the lien. The counterclaim is to be stayed to protect both parties' interests.

Court Disposition

Lien upheld; counterclaim stayed

Orders

  • Heath Lambert's lien over the policy proceeds is upheld for the amount of unpaid premiums and charges.
  • Banesco's counterclaim is stayed under CPR Rule 3.1.2(f) pending satisfaction of the judgment against Scort.