Poole & Ors v Her Majesty's Treasury
Directive 73/239/EEC does not grant rights to Lloyd’s Names; claims are statute-barred under section 2 Limitation Act 1980; Community law does not require extension of limitation; no relevant rights arise for Claimants; claims fail on both grant of rights and limitation grounds.
- Parties
- Claimant: Frederick Thomas Poole and Others; Defendant: Her Majesty’s Treasury
- Jurisdiction
- England and Wales
- Judgment Date
- 08 November 2006
- Procedural Posture
- Group Litigation / Judgment After First Sub Trial
- Outcome
- Claims dismissed
- Legal Topics
- Failure to Implement EU Directive, State Liability, Limitation of Actions, Regulation of Lloyd’s, Solvency Requirements, Francovich/factortame Liability
Case Brief
Summary, issues, holding and outcome
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Parties
Frederick Thomas Poole and Others
Claimant
Her Majesty’s Treasury
Defendant
Procedural Posture
Group Litigation / Judgment After First Sub Trial
Legal Issues
- 1 Whether Directive 73/239/EEC (Insurance Directive) grants rights to Lloyd’s Names
- 2 Whether claims are statute-barred under English law
- 3 Whether Community law principles affect limitation
Ratio Decidendi
Directive 73/239/EEC does not grant rights to Lloyd’s Names; claims are statute-barred under section 2 Limitation Act 1980; Community law does not require extension of limitation; no relevant rights arise for Claimants; claims fail on both grant of rights and limitation grounds.
Court Disposition
Claims dismissed
Orders
- Claims by Lloyd’s Names against Her Majesty’s Treasury are dismissed.
- Costs and ancillary matters to be determined.
Full Case Text
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