Society Of Lloyd's v Noel [2001] EWCA Civ 521 (30 March 2001)

Society Of Lloyd's v Noel [2001] EWCA Civ 521 (30 March 2001)

Summary judgment against Mrs Noel was improperly granted because the unique contractual point—her not signing the post-1982 general undertaking—was not addressed or decided in prior cases, nor properly pleaded or reasoned in the Commercial Court. Fairness requires the matter be reconsidered on a proper basis.

Citation
[2001] EWCA Civ 521
Parties
Claimant/respondent: The Society of Lloyd's; Defendant/appellant: Sally Rosemary Noel
Jurisdiction
England and Wales
Judgment Date
30 March 2001
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in the Commercial Court
Outcome
appeal allowed
Legal Topics
Summary Judgment, Binding Effect of Statutory Regimes, Effect of Undertakings and Byelaws, Membership Obligations Under Lloyd's Acts
Contract Law Insurance Law Civil Procedure Summary Judgment Binding Effect of Statutory Regimes Effect of Undertakings and Byelaws Membership Obligations Under Lloyd's Acts

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Parties

The Society of Lloyd's

Claimant/respondent

Sally Rosemary Noel

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in the Commercial Court

Legal Issues

  1. 1 Whether summary judgment was properly granted against Mrs Noel for non-payment of Equitas reinsurance premium given her unique position of not signing the post-1982 general undertaking.
  2. 2 Whether Mrs Noel, as a pre-1982 Act Name who did not sign the new undertaking, is bound by the Lloyd's Act 1982 and byelaws made under it.

Ratio Decidendi

Summary judgment against Mrs Noel was improperly granted because the unique contractual point—her not signing the post-1982 general undertaking—was not addressed or decided in prior cases, nor properly pleaded or reasoned in the Commercial Court. Fairness requires the matter be reconsidered on a proper basis.

Court Disposition

appeal allowed

Orders

  • Judgment of 12 May 1999 set aside.
  • Appellant to have her costs of the Order 14 application below and this appeal.