Society of Lloyd's v Laws & Ors [2004] EWHC 130 (Comm) (28 January 2004)

Society of Lloyd's v Laws & Ors [2004] EWHC 130 (Comm) (28 January 2004)

The correct quantum of loss for Mr Drysdale's 1982 underwriting is £39,425, which does not arguably equal or exceed the statutory demand figure of £310,504, even on the most generous assessment in his favour.

Citation
[2004] EWHC 130 (Comm)
Parties
Claimant: The Society of Lloyd's; Defendant: Eric Nigel Laws and Others; Defendant: Mrs Reisz; Defendant: Mrs Ann Strong
Jurisdiction
England and Wales
Judgment Date
28 January 2004
Procedural Posture
Commercial Court Claim and Supplementary Judgment / Supplementary Judgment Following Main Judgment and Further Submissions on Quantum
Outcome
Mr Drysdale's claim for quantum of loss is insufficient to meet the statutory demand.
Legal Topics
Calculation of Quantum of Loss, Statutory Demand, Syndicate Accounting, Reinsurance, Interest on Claims
Commercial Law Insurance Law Calculation of Quantum of Loss Statutory Demand Syndicate Accounting Reinsurance Interest on Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Society of Lloyd's

Claimant

Eric Nigel Laws and Others

Defendant

Mrs Reisz

Defendant

Mrs Ann Strong

Defendant

Procedural Posture

Commercial Court Claim and Supplementary Judgment / Supplementary Judgment Following Main Judgment and Further Submissions on Quantum

Legal Issues

  1. 1 What is the correct quantum of loss suffered by Mr Drysdale for the 1982 underwriting year?
  2. 2 Are the figures advanced by Mr Drysdale or Lloyd's correct for each relevant syndicate?
  3. 3 Does Mr Drysdale's claim arguably equal or exceed the statutory demand figure?

Ratio Decidendi

The correct quantum of loss for Mr Drysdale's 1982 underwriting is £39,425, which does not arguably equal or exceed the statutory demand figure of £310,504, even on the most generous assessment in his favour.

Court Disposition

Mr Drysdale's claim for quantum of loss is insufficient to meet the statutory demand.

Orders

  • The maximum aggregate loss claimable by Mr Drysdale for his 1982 underwriting is £39,425.
  • Mr Drysdale's claim cannot arguably equal or over-top the statutory demand figure of £310,504.