Society of Lloyd's v Laws & Ors

Society of Lloyd's v Laws & Ors

Claims for negligent or statutory misrepresentation against Lloyd’s based on events after 23 July 1982 are barred by section 14(3) of the Lloyd’s Act 1982, which confers immunity from such claims except for bad faith. The Human Rights Act 1998 does not operate retrospectively to alter this immunity or accrued rights. Amendments to pleadings to introduce such claims are not permitted unless they arise out of substantially the same facts as previously pleaded claims and are not time-barred. Only a limited category of Names, whose claims for negligent misrepresentation relate to representations made between 11 October 1981 and 5 January 1983, and who can particularise reliance and lack of...

Parties
Claimant: The Society of Lloyd’s; Defendants: Eric Nigel Laws & others
Jurisdiction
England and Wales
Judgment Date
24 April 2003
Procedural Posture
Civil (commercial) / Ruling on Applications for Permission to Amend Pleadings
Outcome
Permission to amend refused for all claims except for a limited class of Names; all other claims dismissed as time-barred or barred by statutory immunity.
Legal Topics
Negligent Misrepresentation, Statutory Misrepresentation, Limitation of Actions, Immunity From Suit, Human Rights Act Interpretation, Lloyd’s Act 1982, Amendment of Pleadings
Commercial Law Insurance Law Civil Procedure Human Rights Negligent Misrepresentation Statutory Misrepresentation Limitation of Actions Immunity From Suit +3 more

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Parties

The Society of Lloyd’s

Claimant

Eric Nigel Laws & others

Defendants

Procedural Posture

Civil (commercial) / Ruling on Applications for Permission to Amend Pleadings

Legal Issues

  1. 1 Whether Names can amend pleadings to introduce claims for negligent or statutory misrepresentation against Lloyd’s
  2. 2 Whether such claims are time-barred under the Limitation Act 1980
  3. 3 Whether section 14(3) of the Lloyd’s Act 1982 bars such claims

Ratio Decidendi

Claims for negligent or statutory misrepresentation against Lloyd’s based on events after 23 July 1982 are barred by section 14(3) of the Lloyd’s Act 1982, which confers immunity from such claims except for bad faith. The Human Rights Act 1998 does not operate retrospectively to alter this immunity or accrued rights. Amendments to pleadings to introduce such claims are not permitted unless they arise out of substantially the same facts as previously pleaded claims and are not time-barred. Only a limited category of Names, whose claims for negligent misrepresentation relate to representations made between 11 October 1981 and 5 January 1983, and who can particularise reliance and lack of...

Court Disposition

Permission to amend refused for all claims except for a limited class of Names; all other claims dismissed as time-barred or barred by statutory immunity.

Orders

  • Permission to amend granted only to Names who can properly particularise claims for negligent misrepresentation made in Brochures after 11 October 1981 and before 5 January 1983, relied on before 23 July 1982, and not time-barred under section 14B of the Limitation Act 1980, subject to provision of full particulars.
  • All other applications for permission to amend refused.