Lloyd's Litigation Database

What’s new:

Janis L. (Macmillan) Hill, b. June 16, 1936, d. June 6, 2020, Rockledge, FL

Financial Times, May 14, 2020, Virus crisis sees one of the last face-to-face financial markets confront an inexorable shift to digital

Parallels with the Madoff scam: The SEC was co-opted by polical aand diplomatic supporters of Lloyd’s: Read Talking to Strangers: What We Should Know about the People We Don’t Know by Malcolm Gladwell

The Economist, May 25, 2019,  “The Lloyd’s Insurance Market: Name Dropping, Britain’s poshest investors are being hit by hurricane losses”

QLM Associates, Inc. v. Marsh & McLennan Companies, Inc. 17-page court docket for RICO and other claims from RECAP and Court Listener. Decision refusing dismissal, dated Aug. 22, 2017, as Lincoln Adventures, LLC v. Certain Underwriters of Lloyd’s of London. Other materials indexed on DuckDuckGo.com. — For copy of complaint, click HERE.

Bloomberg, May 12, 2019, “Lloyd's of London Seeks Behavior Crackdown With Culture Survey”

The Wall Street Journal, Jan. 7, 2019, “Two Bad Years Leave Investors Wary of Catastrophe Bonds — Big storms and other disasters haven’t helped returns, while some funds remain trapped by claims processes”

Posted to the site, Aug. 2, 2018: Exchange of letters dated 1991 with Securities and Exchange Commission, complaining of Lloyd's sale of unregistered securities to U.S. buyers. What Lloyd's New York lawyers (a firm ultimately dissolved in insolvency for other reasons) LeBoeuf Lamb had done, or had done, was to submit fake “Regulation D” applications to the SEC. Later, when the fraud, which turned out to be of Madoff proportions, came to light, the British Government intervened on their behalf at the level of the White House and the SEC investigation was quietly shelved. It does make one think of Harry M. Markopolos's fruitless effort to get the SEC to investigate Madoff's Ponzi scheme.

A. Cary Harrison, a resident of Florida and a constant presence among Americans and others whose lives were damaged or destroyed by having been solicited to invest in Lloyd’s, as they claimed n violation of U.S. securities laws (and as the SEC, far too late to be relevant to the litigation, began to agree), died on April 18, 2003. We have obtained a copy of the printed Service of Thanksgiving for his life, held at St. Luke's Church, Chelsea, on May 21, 2003.

Harry Markopolos’s book No One Would Listen: A True Financial Thriller" makes the point “how truly incompetent the SEC was”. One of our contributing lawyers wrote to the SEC in early 1991 to complain that Lloyd’s had sold unregistered securities to U.S. investors. The SEC acknowledged the complaint, initiated a “pre-investigation” study. And, despite a follow-up visit later by Dale Schreiber of Proskauer Rose LLP did nothing. It appears that political pressure was put upon the SEC by their then (and now defunct) law firm, LeBoeuf, Lamb, Greene & MacRae and the British Government, including a reported luncheon meeting between John Major and George H.W. Bush.

The New York Times, July 22, 2014, “After Malaysia Airlines Crashes, the Payments Are Piling Up for Air Insurers” (quoting Lloyd’s Market Association)

Remembering a wonderful person: Henri Rotsaert, died 6th Feburary 2010.

Obituary of Alfred Doll-Steinberg in the Financial Times, June 6, 2012
Doll-Steinberg obituary, Daily Telegraph, June 11, 2012 archived copy

April 19, 2012 & October 9, 2013 According to The Wall Street Journal the successor firm to LeBoeuf, Lamb, Greene & MacRae, the lawyers who caused so much grief for investors in Lloyd’s and who were complicit in what so many of those investors saw as a scam, is headed towards a “prepackaged bankruptcy”. What that will do is to wipe out or compromise debts of the firm including deferred compensation, pensions and borrowings. With the departure of so many partners some might think the firm’s reputation is shot anyway. The whole story was published in the October 14, 2013 number of The New Yorker: “The Collapse” Who can shed tears for the shysters, if that’ what they were (they were certainly called that enough times), who wound up paying amounts in the range of $50,000 each to Lloyd’s investors whose tax filings they mishandled due to conflicts of interest?

September 21, 2011 Added decision of U.S. Bankruptcy Court, M.D. Fla., in Lloyd’s suit against Randolph C. Harrison, son of deceased Lloyd’s investor A. Cary Harrison III, seeking to bring a Chapter 15 action ancillary to their insolvency proceeding against Cary’s English estate (the major English asset being any equity beyond the mortgage in his former home, an old rectory in South London). Probate actions in U.S. state courts have fairly short statutes of limitation and Lloyd’ claimed that the Florida heirs had a positive obligation to notify them to bring a probate action (aside from proceedings ancillary to foreign bankruptcies, like this one, insolvencies of American estates must be litigated in state courts). Lloyd’s lost. For current law on Florida estates time bars see Jones v. Golden, 175 So.3d 242 (2015).

August 2011 Matt Taibbi writes in Rolling Stone “Is the SEC Covering Up Wall Street Crimes? A whistle-blower claims that over the past two decades, the agency has destroyed records of thousands of investigations, whitewashing the files of some of the nation’s worst financial criminals.” The answer is that the complaint of U.S. investors in Lloyd’s was rubbished by the SEC as early as 1990-91. Those who deduced early on that politics would trump the law, and who ring-fenced their assets and, perhaps, filed for bankruptcy in the USA, fared best.

More on the Tropp case: Investors Beware of Lloyd’s of London (a blog discussion on perversion of investor protection in the UK and USA, and how the Tropp case may serve to warn US investors of the risks)
U.S. Supreme Court certiorari denied by Tropp v. Corp. of Lloyd’s, 2011 U.S. LEXIS 4826 (U.S., June 27, 2011)

March 2011: Richard Tropp’s pro se appeal to the Second Circuit was dismissed on July 19, 2010. Given the consistent holdings of the cases listed here this is unsurprising. One of our contributing lawyers met Mr. Tropp by chance some years ago in New York City. If Tropp did not engage in asset protection (to the degree legal and feasible, such as maneuvering to benefit from bankruptcy exemptions) he will not have done himself justice. As we know from the foreclosure cases (specifically the way the courts deferred to MERS until very recently) a “respected and powerful” entity like Lloyd’s will often, indeed usually, be given the benefit of doubt even when they claim that documentation (such as a signed copy of the General Undertaking relating to choice of law and forum selection) cannot be found.

October 2010: There are two recent legal trends potentially relevant to the issues of jurisdiction and enforcement raised by some of the cases archived here: (1) The US Supreme Court’s decision in Morrison v. National Australia Bank, affirming a limited reach of the US securities laws in relation to transactions on foreign exchanges by foreigners (“F-squared” transactions) and (2) US banks and mortgage servicers litigating foreclosure actions have been found to have forged and otherwise faked documents supporting the chain of ownership of the loans and the authority to bring such actions. Recall that some courts accepted Lloyd's argument in certain enforcement actions that whereas Lloyd’s had “lost” the signed “General Undertaking” the mere fact that Lloyd’s Bye-Laws required such a document as a condition precedent to underwriting meant that every Lloyd’s investor “must” have entered such an engagement, signed the Undertaking.

April 2010: Added report dated April 1993 on “The Time and Distance Programme of the Gooda Walker Syndicates”. This issue is timely because the T&D policies were smoke and mirrors, a means of obfuscating the misappropriation of investors’ money different in method but not in effect to that of Madoff or Goldman Sachs.

March 2010: Posted the submission by the British Government on behalf of Lloyd’s in the Allen case, relating to R&R
Transcript of 1993 CBS 60 Minutes program on “Bankruptcy in Florida”

January 2010: The HBOS (Halifax Bank of Scotland) scandal is in some ways a reprise of the Lloyd’s of London “scam”: a hidden insolvency, a “bailout” by naïve, deceived investors with the British Government maintaining tight-lipped silence — and a disaster predictably befalling the investors (and in the case of HBOS the taxpayers too) in due course. It’s perhaps overused, hackneyed, but George Santayana’s comment about repeating an unremembered past fits here.

Another Chapter 7 bankruptcy petition, from 2003, of a Lloyd’s investor has shown up on scribd.com (PDF). The petition lists $375,000 claimed by Lloyd’s but one would suspect the real amount was higher. Lloyd’s filed a notice of appearance (PDF) in the case.

June 20, 2009: Sundlun (Rhode Island) collection case docket and main documents added. Documents added in Moore case.

April 29, 2009: Judgment in Michalove and Eynon cases added, from websupp.org/

August 22, 2008: Judgment in UNO case (Harris v. Society of Lloyd’s) added.

April 21, 2008: The judgment in the Tropp case has now been posted in html format, together with links to most of the cited cases and (at the bottom of the page) to the docket, from which copies of the most significant court documents can be downloaded. This is the last major collection dispute: Rick Tropp is in the mold of Cary Harrison and Sally Noel, and when we met him a few years ago to discuss access to materials for this page he showed no sign of submitting to Lloyd’s and, perhaps, gave too much credence to the theory that Lloyd’s would resume settlement negotiations with him. He is, at any rate, unlikely to be able to pay the judgment: for that reason alone, bankruptcy might have been a reasonable option for him, especially before the 2005 amendments to the U.S. Bankruptcy Code — or, in the alternative, asset protection measures. The documents in the Tropp file are essential reading for anyone conducting research in the current state of the law on enforcement in the U.S.A. of Lloyd’s English judgments.

January 2008: Various new judgments, mostly on procedural issues, added (see, e.g., Bennett; some news articles added, especially concerning Tropp case; docket and numerous underlying documents and briefs in that case posted.

November 2007: We are informed that those who filed for bankruptcy or who otherwise did not pay their Equitas premiums were originally denied payment of their “return premium” from the Berkshire Hathaway buyout of Equitas. Typically this amounts to less than £2,000. But some of those Lloyd’s investors are now receiving retractions of those letters, and promises of a check after all. It seems that their “discharges” under US bankruptcy law,at least in cases where Lloyd’s never obtained an English judgment against them and never secured a lien on any of their assets takes them outside the scope of any purported assiignment of the return premium to Lloyd’s. See Simon v. Hongkong and Shanghai Banking Corp., 153 F.3d 991 (9th Cir. 1998) below; holding that a U.S. discharge may under certain circumstances be enforceable extraterritorially. See the documents relating to the BRADY bankruptcy case below, bottom of yellow section.

September 2007: There are several new enforcement-of-judgment cases added, all applying the Uniform Out-of-Country Foreign Money-Judgment Recognition Act. See Sumeril, Lee, Campbell-White (PDF) and Pierce (Bankruptcy docket with links to downloadable documents; of interest because unlike so many other Lloyd’s investors, Pierce seems to have arranged his affairs appropriately over a period of years). It’s a pity that so few American Lloyd’s investors — and, more significantly, their attorneys — have taken advantage of this Web site for legal research. (Whether such failure on the party of the attorney rises to the level of malpractice is not for us to say, but while we do not give legal advice we have nonetheless in effect done much of the legal research for Names, free and gratis. Perhaps people only respect what they have to pay for.) This site is now nearly ten years old and we have been recommending to readers all that time that they engage in asset protection and estate planning within the limits of the laws on fraudulent transfers.

Those U.S. investors who, given their personal situations, were able to file bankruptcy petitions in 1996 and 1997 will now have reached or be approaching the tenth anniversary of filing and the fact of their bankruptcies will be deleted from their credit reports.

Justia.com has begun a new free docket service. This is an alternative to the fee-based federal courts’ PACER for finding cases and it avoids the fees for fruitless PACER searches.

The unreported FORGOSH case (D. Minn.) see below, yellow section, especially the appeal under Docket 06-03858) illustrates the cost of delay, and the risks of “fraudulent coneyance” within the lookback period as well as misrepresentations in a bankruptcy petition

The ROACH case (S.D. Ohio; N.D. Ala.) is another unreported series of Lloyd’s collection cases. One can assume that Lloyd’s dismissal of some of the defendants means that those defendants paid what was demanded of them or exhausted their assets in trying to do so.

Significant matters since 2005:

For reasons made clear in the left-hand column there has been little change since 2005. We continue to monitor the courts and and to update our collection of cases and also to add newsworthy material, but at a much slower pace than before. This Web page was completely re-created in February 2007 using modern “cascading style sheet” Web design. This should enable it to load rapidly in modern browsers.

A few new U.S. cases were added in 2006 (Ellis, Moore, Siemon-Netto …) but none of these furnish new insight into the issues. The Moore case involves allegations by Lloyd’s of fraudulent transfers by the investor-defendant, but the issues are still in arbitration and have yet to be resolved. In principle, the possibility of successfully ring-fencing assets from Lloyd’s should be interesting, but unfortunately the published cases concern investors who left that strategy until too late. (The statute of limitations in the USA for attacking “asset protection” arrangements varies by state: 2, 4, 6 and 7 years.)

Some materials collected in 2005 that may be of interest are:

Society of Lloyd’s v. Fraser — complete list of High Court defendants now in digital (HTML) format — see silver section below

Longtin (execution of judgment) decision added, Dec. 2, 2005

Text of Statutory Instrument 2005-1998 “Insurers (Reorganisation and Winding Up) (Lloyd’s) Regulations 2005” added Nov. 8, 2005. See also related documents, bottom of green section below

Judgment in Lloyd’s v. Lee & Silversmith et al. added August 20. See yellow section below.

Judgment in Borgers case on appeal (9th Circuit, due process issues) added, August 15.

See the Fuerst case and the docket and many important documents, posted July 31. These enforcement-of-judgments cases, resulting in judgments for Lloyd’s in the millions of dollars and court-ordered examination of the debtors in the search for assets and possible fraudulent conveyances, highlight the political nature of the Lloyd’s litigation: as I was told in 1992 by a senior London solicitor, the British Government made the survival of Lloyd’s and its victory in over its investors in the courts a matter of overriding national interest. Never forget: the courts do not exist to “do justice”; they exist to promote (1) their own institutional interest, (2) national stability and (3) more or less the status quo.

Many key Lloyd’s cases have now been annotated with hot links to cases cited by the judge. Internal links are picked up by Google, Yahoo! and other search engines within a few weeks, and you can search effectively within this site (including cases not listed on this page or otherwise indexed on the site) by including the delimiter « site:www.uniset.ca » in your search criteria. This site’s library of court judgments is not limited to Lloyd’s cases, although such cases are the only ones indexed here. Others can be found through a Web search. (These include some arcane and subtle issues, such as the cross-border effects of bankruptcy orders, extradition issues and belief in the truth of a statement as a defense to a defamation suit.)

European Parliament makes progress in Lloyd’s case
The European Parliament has received the green light to take the Commission to court over its failure to answer questions about the Lloyd’s of London case, Sir Robert Atkins MEP, deputy leader of the Conservatives in the European Parliament and delegation spokesman on the Parliament’s petitions committee, said on June 29. Click here for full story.

Added June 24: decision of Bankruptcy Judge Judith A. Boulden dismissing the Harmsen case (involuntary bankruptcy case brought by Lloyd’s against one of its U.S. investors; also docket and many downloadable documents. This case was affirmed on appeal, 310 B.R. 188 (B.A.P. 10th 2005).

Many cases have been re-formatted and renamed; recent opinions have been hot-linked to references when the cited case is available on this server.

Click on a link to download or to view a selected case report.

Early documents were posted in ASCII *.txt format; later ones in PDF or in Rich Text Format that can be read in MS Word or another word procesor. Recent cases have mostly been posted in HTML as have re-postings of older ones. (In alphabetical order by significant – usually external – party name)

English and other UK Judgments

NOTE: All links to UK cases have been restored as of Feb. 11, 2007. Should you have any problem accessing a document, let us know by .

Lloyd’s litigation case management orders (some of these are repeated below from other sources; these are the versions published from time to time in Times Law Reports) (HTML)
March 11, 1994
August 10, 1995
April 5, 1996
October 8, 1996
November 8, 1996
November 4, 1999
February 11, 2000

Aiken v. Stewart Wrightson Members Agency Ltd, [1995] 1 W.L.R. 1281, [1995] 3 All. E.R. 449
same case, Ct. App., July 16, 1996, [1996] 2 Lloyd’s Rep. 577
— Lawtel summary

Aldrich v. Norwich Union Life Ins. Co. Ltd., [1999] EWCA Civ 2042 , [2000] Lloyd’s Rep. I.R. 1 (C.A. Jul. 30, 1999), Times L. Rep. Aug. 13, 1999 (denying appeals from orders enforcing Norwich Union’s claims against Lloyd’s investors on bank guarantees that had been called by Lloyd’s)
another copy
— same, from BAILII server

Aldrich v. Norwich Union Life Ins. Co. Ltd., [1999] EWCA Civ 2042, [1999] Lloyd’s L. Rep. I.R. 453
— same, from BAILII server

Arbuthnott v. Fagan, [1996] L.R.L.R. 143 (C.A., June 21, 1994) (discovery granted as to transcripts of testimony given in a Lloyd’s investigation into the horrendous losses suffered by investors in LMX syndicates of the Feltrin agency)

Arbuthnott v. Fagan, Queens Bench Div., transcript, May 23, 1994

Arbuthnott v. Fagan, [1996] L.R.L.R. 135, The Independent 1 October 1993, The Times 20 October 1993 (C.A., June 30, 1993)

Arbuthnott v. Fagan, Queens Bench Div., transcript, May 13, 1993

Arbuthnott v. Feltrim U/W Agencies Ltd, QBD, Comm’l Ct., transcript, Dec. 20,1995

Arbuthnott v. Feltrim U/W Agencies Ltd, Queens Bench Div., transcript, Mar. 10,1995
— another copy

Arbuthnott & others v Feltrim Underwriting Agencies Ltd & others, QBD (Transcript), Oct. 27, 1994

Ashmore v. Corp. of Lloyd’s, [1992] 1 W.L.R. 446 (ASCII)
— same, [1992] 2 All ER 486

Avon Insurance plc v. Swire Fraser Ltd., Q.B.D. Comm’l Ct., Jan. 20, 2000, [2000] L.R.I.R. 535 (stop loss insurers of Lloyd’s investors; claim in damages under the Misrepresentation Act 1967)

Bates v. Barrow, [1995] 1 Lloyd’s L. Rep. 680 (Q.B.D. Comm’l Ct. Dec. 8, 1994) (ASCII) (illegality of certain stop-loss policies issued unauthorised Finnish insurer)

Barrow v. Bankside Members Agency Ltd, [1996] 1 All E.R. 981
— another copy: [1996] 1 Lloyd’s Rep. 278
— Lawtel summary

Barton, Henderson, Rosen etc v Merrett and Ernst & Young Etc, Q.B.D. transcript, Jan. 12, 1993 (claim of breach of contract or duty in closing by managing and members’ agents of the 1983 and 1984 years of account into the respective following years)

Berriman v. Rose Thomson Young (Underwriting) Ltd, Q.B.D. (Comm. Ct.), Mar. 19, 1996, [1996] L.R.L.R. 426 (Bullen held to be an incompetent underwriter, but reinsuring with North Korean reinsurer was not unreasonable; discussion of liability of Members Agents; estoppel (no); limitations; tax offset (no))
— Application for costs, Apr. 2, 1996
— Application for interim payment, May 23, 1997
— Lawtel summary

Body (on behalf of Rose Thomson Young Action Group) v. Society of Lloyd’s, Lawtel 11/7/99, AC8001121

Boobyer v. David Holman & Co. & Society of Lloyd’s (No. 1), [1992] 2 Lloyd’s L. Rep. 436 (whether to transfer proceedings to the Queen’s Bench Div.)
— CLI summary of case

Boobyer v. David Holman & Co. & Society of Lloyd’s (No. 2), [1993] 1 Lloyd’s L. Rep. 96 (HTML) (cash calls and deposits)
— CLI summary of case

Society of Lloyd’s v. Bowman, 2002 EWCA Civ 1886, [2003] All ER (D) 393 (Dec) (statutory demand against Lloyd’s investor)
— Official Transcript

R. v. Lloyd’s of London ex p. Briggs, [1993] Lloyd’s L.Rep. 176 (Q.B.D.) (RTF)
— CLI summary of case
— Lawtel summary

Brook v. Southall, Ct. App. Civ. Div., (unreported, Apr. 11, 1997) (tax issue: claim by salaried solicitor, Lloyd’s investor, for repayment of tax deductions on account of Lloyd’s losses)

Society of Lloyd’s v. Brooks, 134 N.L.J. 680, Times L. Rep. Mar. 12, 1984, FT Mar. 13, 1984 (Q.B.D. 6 Mar. 1984) , (Lloyd’s disciplinary powers over its members)

Brown v. GIO Insurance Ltd, [1998] C.L.C. 650, [1998] Lloyd’s Rep. I.R. 201 , Times L. Rep. 18 Feb. 1998 (Ct. App. 1998) (interpretation of LMX reinsurance contracts: Feltrim & Gooda Walker)
— Lawtel summary (HTML)

Society of Lloyd’s v. Burningham, Kahm & Gooda, Q.B. Comm’l Ct., 4 Mar. 1998 (No. 1), [1999] 1 FLR 246 (settlement offer not discriminatory)
— Lawtel summary

Society of Lloyd’s v. Burningham, Kahn & Gooda, Q.B. Comm’l Ct., 4 Mar. 1998 (No. 2) (RTF) (wife unable to show that she was so unduly influenced by her husband as to vitiate her action in investing in Lloyd’s)
— Lawtel summary

C v. C (Financial provision: non-disclosure), [1994] 2 F.L.R. 272, [1994] Fam. Law. 561, [1995] 1 F.C.R. 75 (non-disclosure of Lloyd’s investment in course of divorce)

Society of Lloyd’s v. Canadian Imperial Bank of Commerce, [1993] 2 Lloyd’s Rep. 579 (Q.B., Comm’l Ct., 5 Jul 1993) (held: fraud no defence to payment of letters of credit by bank at demand of Lloyd’s)
— CLI summary of case

R v. Council of the Society of Lloyd’s, ex parte Carpenter, Times L. Rep. Aug. 22, 1984, p. 22 (attempted resignation to avoid disciplinary action) (PDF scan)
— Lawtel summary

Carter & Adams v. Society of Lloyd’s, [2005] All E.R. (D) 240 (Jan) (statutory demand)

Re certain of the members at Lloyd’s for any or all of the 1993 to 2020 (inclusive) years of account, represented by The Society of Lloyd’s, [2020] EWHC 3266 (Ch), [2020] All ER (D) 29 (Dec).
— BAILLI version

Charter Reinsurance Co. Ltd. v. Fagan, [1997] A.C. 313 (ASCII)

Society of Lloyd’s v. Clementson (No 3), [1997] L.R.L.R. 175, [1995] 5 Re L.R. 215, [1996] C.L.C. 1590, T.L.R. May 14, 1996 (Q.B.D., Comm. Ct. May 7, 1996)
— CLI summary of case

Society of Lloyd’s v. Clementson (No 2), QBD, Comm’l Ct, May 7, 1996, LexisUK transcript ; Shorter report as pub. in Times Law Rep., May 14, 1996, p. 41 (“Lloyd’s bylaw does not infringe EU competition law”) (PDF scan)
— another copy
— Lawtel summary

— same case, Clementson No. 2, full text (103 pp.), Society of Lloyd’s v. Clementson, [1997] E.C.C. 193 (QBD 7 May 1996) (ASCII), Times Law Rep., May 14, 1996 (contains extensive explanatory material and testimony)

Society of Lloyd’s v. Clementson (No. 2), [1996] C.L.C. 1205 (Ct. App., Feb. 21, 1996), Times L. Rep. Feb. 29, 1996
— CLI summary of case

Society of Lloyd’s v. Clementson (No. 1), Times L. Rep., Jan. 11, 1994 (Q.B.D., Dec. 16, 1993)
— CLI summary of case

Society of Lloyd’s v. Clementson (No. 1), [1995] L.R.L.R. 307 (Ct. App. 1994) (preliminary issues; implied terms)
— CLI summary of case

Cohen v. David Holman & Co Ltd, [1996] L.R.L.R. 387 (Q.B. (Comm’l Ct., June 28, 1996) (arbitration proceeding: Lloyd’s investor who had brought arbitration proceeding against his Members’ Agent was entitled to a hearing berore decision as a matter of natural justice)

Society of Lloyd’s v. Colfox, [1998] Lloyd’s L. Rep. IR 186 (Q.B.D. Comm’l Ct., July 31,1997)(also listed as Manning v. Society of Lloyd’s – see below)
— Lawtel summary

Society of Lloyd’s v. Cook, (unreported), Sept. 16, 1999, 1999 WL 807182 (insolvency; conflicting claims by Lloyd’s and Inland Revenue; Master’s discretion in preserving Name’s counterclaim against Lloyd’s)

Cox v. Bankside Members Agency Ltd, [1995] 2 Lloyd’s Rep. 437 (C.A. Apr. 25, 1995), (Ruling regarding disposition of Members Agent’s Errors & Omissions insurance proceeds to Names: not to be apportioned ratably but on first come, first served basis)

R. v. Society of Lloyd’s ex p. Cuthbert Heath U/W Ltd., [1998] EWHC Admin 415 (7 Apr. 1998) (judicial review, Lloyd’s disciplinary proceeding)
— same, from BAILII server

Society of Lloyd’s v. Daly, Q.B.D. Comm’l Ct., 27 Jan. 1998
— Lawtel summary

Daly v. Lime Street U/W Agencies Ltd, Q.B.D., [1987] 2 F.T.L.R. 277, [1987] Fin. L.R. 331, Times L.R.June 8, 1987, 1987 WL 491642, (Transcript:Hemingway)

Davies v. Norwich Union, C.A., Nov. 4, 1998, [1998] EWCA Civ 1673, on appeal from Ch. D, issue of spousal rights in matrimonial home
— same, from BAILII server
— Lawtel summary

Re a Debtor No. 544/SD/98, [2000] 1 BCLC 103 Times L.R. June 18, 1999 (Chancery Div.) (also reported as G. v. Society of Lloyd’s and Garrow v. Society of Lloyd’s (see below)) (application to set aside statutory demand by Lloyd’s so as to pursue counterclaim)
— same case below, Chancery Division

Mem Deeny and others (whom only Colfox remains) v Littlejohn & Co and others, Ct. App., Apr. 5, 2000

Deeny v. Gooda Walker Ltd., QBD, Comm’l Ct., Apr. 6, 1995, [1995] 1 W.L.R. 1206, [1995] 4 All E.R. 289

Deeny v. Gooda Walker Ltd (in liquidation) (No 2), Inland Revenue Commissioners, Third Party, (H.L., Mar. 7-8, 1996), [1996] 1 All E.R. 933, [1996] 1 W.L.R. 426, Times Law Rep. March 8, 1996

Deeny v. Gooda Walker Ltd. (in vol. liq.), Inland Revenue Comm’rs third party, Q.B.D. Comm’l Ct., Jan. 11, 1995, [1995] S.T.C. 439, 68 Tax Cas. 458

Deeny v. Gooda Walker Ltd., H.C., transcript of hearing before Mr Justice Colman, Jan. 17, 1997 (ASCII)

Deeny v. Gooda Walker Ltd, QBD, Comm’l Ct., Oct. 4, 1994, [1996] LRLR 183, The Times 7 Oct. 1994, The Independent Oct. 5, 1994

Deeny v. Gooda Walker Ltd, Ct. App., Dec. 13, 1993, The Independent, Dec. 14, 1993

Deeny v. Littlejohn & Co., Q.B.D., 2 Feb. 1995, “Lloyd’s litigation – case management – future cases”, Times L. Rep. 23 Feb. 1995 (All Lloyd’s litigation cases must now be commenced in QBD Commercial List.
— Lawtel summary (HTML)

Deeny v. Littlejohn & Co., Chancery Div., Hearing, Dec. 7, 1994, Times L. Rep., Jan. 19, 1995 (time and distance policies)

Doll-Steinberg v. Society of Lloyd’s, [2002] EWHC Admin. 419 (19 Mar. 2002) (refusing judicial review to Gerda Doll-Steinberg on the Lloyd’s settlement offer)
— same, from BAILII server

Drummond v. FLP Secretan & Co., Q.B.D., 25 Oct. 1996 (request for adjournment pending announcement of details of settlement initiative; granted to October 1997)

Royal Bank of Scotland v. Etridge, [2001] UKHL 44, (H.L. 11 Oct. 2001) (RTF)
— from Stationery Office server
— Lawtel summary

F v. F, Fam. Div., Jan. 12, 1996, The Independent, Feb. 26, 1996 (divorce action; husband has substantial Lloyd’s losses; discussion of Equitas)

Society of Lloyd’s v. Fraser — notice of application for summary judgment, Aug. 20, 1997
same, scanned copy of original court document (775k) (includes list of all High Court defendants, useful for researchers seeking further case documentation)

Society of Lloyd’s v. Fraser, Q.B.D. Comm’l Ct., 3 Nov. 1997 (“directions for finally disposing of the names’ cases”)
— Lawtel summary

Society of Lloyd’s v. Fraser, [1998] EWCA Civ 1378, [1999] Lloyd’s Rep IR 156, [1998] C.L.C. 1630, 1998 WL 1043675 (Ct. App. July 31, 1998) (quantum)
— same, from LexisUK
— same, RTF format
— same, All England Reports/Smith Bernal transcript
— same, BAILII server
same, scanned copy of original judgment
— Lawtel summary (HTML)

Society of Lloyd’s v. Fraser, Court of Appeal, [1998] EWCA 3379 (ASCII) (transcript of hearing; 12 applications for leave to appeal from the Commercial Court; leave refused) (was: fras9807.txt; case report missing)

Society of Lloyd’s v. Fraser, QBD Comm’l Ct, Tuckey, J. Judgment of Mar. 4, 1998 (Equitas premium claim against non-accepting Lloyd’s investors; Lloyd’s bylaws enforceable)
same, original court typescript
— Lawtel summary
— case comment by Simon Cooper

Garrow v. Society of Lloyd’s, Ch. Div. (Bankruptcy Court) June 10, 1999, Times L.Rep., June 18, 1999 (Lloyd’s may not bankrupt judgment debtor investor in England pending outcome of fraud trial) (also listed as In re A Debtor, No. 544/SD/98)
— same, All England Reports transcript
— CLI summary of case

Garrow v. Society of Lloyd’s, Times L. Rep. Oct. 28, 1999, [2000] Lloyd’s Rep. I.R. 38, [2000] C.L.C. 241, [2000] 1 B.C.L.C. 103 (HTML)
— another copy, Smith Bernal transcript, Court of Appeal decision, Oct. 13, 1999
Ct. App., 13 Oct. 1999, (1,133k)
— CLI summary of case (HTML)
— Lawtel summary

Greystoke v. Lloyd’s of London Ct. App. 4 Mar. 1998 (RTF) (pro se application to appeal out of time granted)

Hallam-Eames v. Merrett Syndicates Ltd., [2001] Lloyd’s Rep PN 178, The Times 25 January 1995, The Independent 25 January 1995, [1995] C.L.C. 173
— same case in court below, QBD, Oct. 14, 1994

Harris v. Society of Lloyd’s, [2008] EWHC 1433 (Comm), 2008 WL 2465694, Comm’l Court, July 1, 2008 (United Names Organisation case)

State Bank of New South Wales v. Harrison, 2002 EWCA Civ 363 (Ct. App. 2002)
— Lawtel summary

Henderson v. Merrett Syndicates Ltd. (H.L., Jul. 25, 1994), [1994] 3 AER 506

Henderson v. Merrett Syndicates Ltd., [1995] 2 A.C. 145 (H.L., July 25, 1994)

Henderson v. Merrett Syndicates Ltd., Q.B.D., 31 Oct. 1995, [1997] L.R.L.R. 265 (RTF, 258 pages in original) (Incompetent underwriting; asbestos)

Henderson v. Merrett Syndicates Ltd., Q.B.D. transcript, 21 Feb. 1996

Society of Lloyd’s v. Henderson, [2005] EWHC 850 (Comm), [2005] All ER (D) 155 (May) (UNO case; applications time-barred and/or have no prosect of success)
— Same case, on appeal, [2007] All ER (D) 446 (Jul) (affirmed)

Marchant and Eliot Underwriting Ltd v. Higgins, Times Law Rep., Jan. 12, 1996 (pay now, sue later clause held enforceable)
— Lawtel summary

— same, Marchant and Eliot Underwriting Ltd v. Higgins, [1997] E.C.C. 11, [1996] 3 C.M.L.R. 313, [1996] 1 Lloyd’s Rep. 313 (Q.B.D. Oct. 24, 1995) (full text, 29 pp.), (ASCII)

— same case, affirmed on appeal, Marchant and Eliot Underwriting Ltd v. Higgins, [1997] E.C.C. 47, [1996] 3 C.M.L.R. 349, [1996] 2 Lloyd’s Rep. 21 (Q.B.D. 21 Dec. 1995) (11 pp.) (ASCII)

another copy, styled as Higgins v. Marchant & Eliot Underwriting Limited, Dec. 21, 1995, captured PDF file, from the Court typescript

Hiscox v. Outhwaite (H.L.), [1992] 1 A.C. 562

same case, Court of Appeal, Feb. 25, 1991, [1991] 2 Lloyd’s L. Rep. 1

— same, Hiscox v. Outhwaite (No. 2), Ct. App., Mar. 25, 1991, [1991] 3 All ER 143, [1991] 1 W.L.R. 545, [1991] 2 Lloyd’s Rep 553

— same, Hiscox v. Outhwaite (No. 3), QBD, Comm’l Ct., May 24, 1991, [1991] 2 Lloyd’s Rep 524

Royal Bank of Scotland Plc v. Holmes, 1999 S.L.T. 563, [1999] S.C.L.R. 297 (Outer House, 6 Jan. 1999) (bank seeking repayment from Lloyd’s investor for payment under bank guarantee to Lloyd’s; attempted defense of fraud fails)

Society of Lloyd’s v Hummel, 2000 WL 544204, No. 1316 of 1998, Commercial Court, March 20, 2000

Society of Lloyd’s v. Jaffray, [1999] 1 All E.R. (Comm.) 354 (refusal to stay investors’ fraud action against Lloyd’s)
— High Court, Notice to non-accepting names (archived copy, RTF)
— Jaffray Litigation, Jaffray v. Society of Lloyds, Lloyd’s litigation case management note re: Names wishing to advance fraud allegations, Times Law Rep., Nov. 4, 1999 (ASCII)
RTF

Society of Lloyd’s v. Jaffray, QBD, Comm’l Ct., Jan. 22, 1999, [1999] 1 All E.R. (Comm.) 354
— another copy

Petersen Int’l Underwriters, Inc. “Communicator Briefing” (self-serving statement by Calif. firm re above case)

CLI summary of case

— Lawtel summary (Application by Lloyd’s for stay of both claims and counterclaims brought by Lloyd’s Names alleging fraud against Lloyd’s was refused. There was no needless procedural duplication of earlier litigation.)

Society of Lloyd’s v. Jaffray (No. 2), Q.B.D. Comm’l Ct., Transcript Jan. 25, 2000 (LEXIS)
— same, [2000] 2 All ER (Comm) 181
Society of Lloyd’s v. Jaffray (No. 2), Q.B.D. Comm’l Ct., Transcript Jan. 26, 2000 (LEXIS) (costs sharing order)
— same, Society of Lloyd’s v. Jaffray (No. 3), [2000] All ER (D) 418
— same, [2000] EWHC Com 174, from BAILII server
— Lawtel summary

Society of Lloyd’s v. Jaffray, Comm’l Ct., Cost sharing order, June 9, 2000, [2000] 2 All E.R. (Comm) 181, [2000] C.L.C. 725, 2000 WL 824046

Society of Lloyd’s v. Jaffray, Q.B.D. Comm’l Ct. 9 June 2000, unreported (evidentiary, witness issues)
Lawtel summary

Society of Lloyd’s v. Sir William Otho Jaffray Bt, [2000] EWHC Commercial 51 (Nov. 3, 2000) (archived copy of court server file in PDF format, 411 pages)
— RTF version
— same, from BAILLI server

Society of Lloyd’s v. Jaffray, QBD, Comm’l Ct., Nov. 3, 2000, Lexis, Transcript (lengthy, 200+ pp.) (Deceit – Misrepresentation – Ingredients of tort of deceit – Lloyd’s litigation – Names alleging Lloyd’s knowingly or recklessly making untrue representations – Whether tort of deceit established)

Society of Lloyd’s v. Jaffray, QBD, Comm’l Ct., June 9, 2000, Times L. Rep., Aug. 3, 2000 (Evidence – party serving witness statement – court cannot order him to call witness)

Society of Lloyd’s v. Jaffray (No. 2), QBD, Comm’l Ct., Jan. 25, 2000 (Transcript)

Statement by Cresswell, J., 3 Feb. 2000 (formerly on court server) — archived copy

Society of Lloyd’s v. Jaffray, [2001] EWCA Civ 1503 (Ct. App.on issue of confidentiality in civil disclosure motion, London Market Claims Services & Equitas)

Society of Lloyd’s v. Jaffray, Ct. App., Civ. Div., Oct. 8, 2001, [2001] EWCA Civ 1503

Society of Lloyd’s v. Jaffray, Witness statements before Court of Appeal, Feb. 21, 2002, 2002 WL 237062

Jaffray v. Society of Lloyd’s, Ct.App. July 26, 2002, [2002] EWCA Civ 1101 (Westlaw UK, Daily Tel. Oct. 3, 2002)
— Another copy, 2002 WL 1654876
— same, as RTF file (see directly below for full text of judgment)
— CLI summary of case

Jaffray v. Society of Lloyd’s, [2002] E.W.C.A.Civ. 1101, same, from BAILII server
— Lawtel summary

Jaffray v. Society of Lloyd’s, [2007] EWCA Civ 586, [2007] All ER (D) 213 (Jun) (Applicants seek, under the jurisprudence of Taylor v Lawrence [2002] EWCA Civ 90, [2003] QB 528, [2002] 2 All ER 353, to reopen the decision of the court in this case [2002] EWCA Civ 1101. Denied.)

Johnson v. Society of Lloyd’s, QBD (Comm’l Ct.), July 22, 2002, [2002] EWHC 1512 (Comm), [2002] All E.R. (D) 315 (Jul) Electronic Telegraph, Aug. 12, 2002 (Lloyd’s investor’s unaccepted counter-offer did not make him an R&R settlement “accepting Name”)
— CLI summary of case
— Lawtel summary

Jones v. Society of Lloyd’s, Ch.D. 16 Dec. 1999: u/w members who did not pay their R&R aswsessment by fixed deadline were liable for full liabilities even if they signed relevant agreement (Lawtel: summary of judgment)
— CLI summary of case
— Lawtel summary

Jones v. Society of Lloyd’s, Times L. Rep., Feb. 2, 2000 (withdrawal of debt credits by Lloyd’s for investors accepting the R&R settlement offer who did not pay by 30 Sept. 1996 was not an unconscionable penalty)

Society of Lloyd’s v. Kahn, [1998] 3 F.C.R. 93, [1999] 1 F.L.R. 246, [1999] Fam. Law 92 (Q.B.D. Comm’l Ct. 4 Mar. 1998) (husband absconded to Pakistan leaving wife with Lloyd’s debts; held undue influence defence unavailable)
— CLI summary of case

Blackburn (Inspector of Taxes) v. Keeling, 2003 E.W.C.A. Civ. 1221 (allowance of antcipated Lloyd’s losses of £425,390 in Lloyd’s investor’s tax coding)
same, full text as read in court
— same, from court server

Kelley v. Society of Lloyd’s, 2000 WL 1027169 (Bankruptcy, Jan. 27, 2000)

C Inc plc v L and another, [2001] All ER (D) 376 (Mar), QBD Comm’l Ct, 16 Mar. 16, 2001 (freezing order [Mareva injunction] against Guernsey assets of Lloyd’s investor’s husband; defaulting subscriber to corporate member of Lloyd’s; claim that assets of Lloyd’s investor wife are held by her in trust for husband)

Agnew v. Länsförsäkringsbolagens A.B., H.L. Feb. 17, 2000 (Lugano convention)
— same, RTF version

Board of Inland Revenue v. Laurence Philipps & Co. (Insurance), Ltd., [1947] 80 Lloyd’s L.Rep. 549 (K.B., 19 May 1947) (older tax case — for purposes of excess profits tax underwriters’ loans must treated as capital — sheds some light on why, when Britain had very high income tax rates, Lloyd’s investment was attractive to high earners)

Society of Lloyd’s v. Laws, [2003] EWHC 873, [2003] All ER (D) 349 (Apr), 2003 WL 1822990 (rejection of investors’ arguments regarding violation of European Convention for the Protection of Human Rights and Fundamental Freedoms)
— same, from BAILII server

Society of Lloyd’s v. Laws, [2003] EWCA Civ 1887, [2003] All ER (D) 392 (Dec), Ct. App. Dec. 19, 2003

Society of Lloyd’s v. Laws, [2004] EWHC 71 (Comm), [2004] All ER (D) 277 (Jan), QBD Comm’l Ct, Jan. 28, 2004
— same, All ER transcript

Society of Lloyd’s v. Levy & Johnson, [2004] EWHC 1860 (Comm.), [2004] All E.R. (D) 566 (Jul) (Equitas premium and European law issues)
— same case, BAILII server

Lloyd’s litigation: Report on progress and management by M. Justice Cresswell, Times L. Rep. 5 Apr. 1996

Lloyd’s litigation: Outstanding cases, Times Law Rep., Oct. 8, 1996

Lloyd’s litigation: Outstanding cases (No 2), Times Law Rep, Nov. 8, 1996

Lloyd’s litigation: Merrett, Gooda Walker & Feltrim cases, [1994] 2 Lloyd’s Rep 193

In re Lloyd’s Premiums Trust Deeds in the Outhwaite proceedings, [1996] EWCA Civ 796 (24th October, 1996)
— same, from BAILII server

Society of Lloyds v Longtin, [2005] EWHC 2491 (Comm), [2005] All ER (D) 142 (Nov) (collection case; judgment debtor had been abroad; Lloyd’s could enforce judgment more than six years after issuance)

Society of Lloyd’s v. Lyon, Leighs & Wilkinson, Queens Bench Div., Feb. 20, 1997, [1997] C.L.C. 759, 1997 WL 1104338 (abstract), aff’d by: Society of Lloyd’s v. Lyon & ors., [1997] C.L.C. 1398; [1997] 6 Re. L.R. 289; Times, Aug. 11, 1997; The Independent, Oct. 6, 1997 (C.S.) (CA) (see below) Held: Names must pay the Equitas premium

Society of Lloyd’s v. Lyon, Leighs & Wilkinson (No. 2), High Court, London, Apr. 23, 1997
scanned typescript of Judgment as read in court (829 kb)
— same, from BAILII server
— CLI summary of case
scanned typescript of defendants’ skeleton argument in Order 14 proceeding (added Dec. 5, 2004)

Society of Lloyd’s v. Lyon, Leighs & Wilkinson (Canadian Names, intervenors), C.A., Jul. 31, 1997, Times L.R. 11 Aug. 1997, [1997] EWCA Civ 2283, [1997] C.L.C. 1398
Full text of Court of Appeal decision
— same, from LexisUK
— same, [1997] EWCA Civ 2283, from BAILII server
— Lawtel summary (HTML)

R v Board of Inland Revenue, ex parte MFK Underwriting Agencies Ltd, [1990] 1 W.L.R. 1545, [1990] 1 All E.R. 91 (tax case)

McAllister (A Debtor) v. Society of Lloyd’s, Nos 4449 & 4450 of 1998, [1999] Lloyd’s Rep. I.R. 487, [1999] 1 All E.R. (Comm) 149; [1999] B.P.I.R. 548 (Lloyd’s hardship scheme; acceptance of settlement terms; bank delay; statutory demand set aside)
— CLI summary of case
— Lawtel summary

McBride v. Blackburn (Inspector of Taxes), [2003] S.T.C. (SCD) 139 (action group chairman’s “success fee” is taxable emolument

Regina v Chairman of the Regulatory Board of Lloyd’s Ltd, Ex parte Macmillan and Another, Times L. Rep., Dec. 14, 1994 (Practice – loss review – assessing risk of prejudice to litigation)

Mann v Coutts & Co, [2003] EWHC 2138 (“defendant owed no duty of care to the claimants as potential subscribers to the second authority in relation to the decision to subscribe nor to disclose the existence of the ‘sweeper’ arrangement”)
same, as read in court

Manning v. Society of Lloyd’s, [1998] Lloyd’s Rep. I.R. 186 (Q.B. Div. Comm’l Ct. July 31, 1997) (Colfox, Phillips & others; Lloyd’s seeks summary judgment and declaration that Names do not benefit from the settlement agreement)
— another copy

Moran v. Lloyd’s, C.A., [1983] Q.B. 542 (Lloyd’s disciplinary procedure, enforcement)
— same, [1983] 2 All ER 200

Society of Lloyd’s v. Morris, Ct. App. Civ. Div., May 28, 1993, transcript, Larking (Lexis)
— same case below, QBD, Comm’l Ct., Mar. 15, 1993, transcript, Lexis (diversion of investors’ stop loss policy proceeds to Lloyd’s)
— CLI summary of case
— Lawtel summary

Napier v. Hunter, [1993] A.C. 713 (H.L.) (application of investors’ stoploss insurance proceeds)

Napier v. Kershaw, Queen’s Bench Div., transcript, June 12, 1992

Lord Napier and Ettrick v RF Kershaw Ltd; Society of Lloyd’s v. Woodard, Ct. App. Oct. 24, 1996, Times L. Rep. 7 Nov. 1996, [1997] L.R.L.R. 1, [1996] C.L.C. 1875
— Lawtel summary

Lord Napier and Ettrick v RF Kershaw Ltd (No.2), reported as Society of Lloyd’s v. Robinson, H.L. Mar. 25, 1999, [1999] 1 W.L.R. 756; [1999] 1 All E.R. (Comm) 545 ([1999] C.L.C. 987, [1999] Lloyd’s Rep. I.R. 329, (1999) 96 (22) L.S.G. 34, (1999) 143 S.J.L.B. 150, Times, March 29, 1999)
— CLI summary of case

Major the 14th Lord Napier & Ettrick obituary (Mar. 15, 2012)

Society of Lloyd’s v. Noel, Ct. App., June 30, 2002, Transcript (Smith Bernal)

Society of Lloyd’s v. Noel, [2002] EWCA Civ. 937 (Ct. App. June 20, 2002)

(“It probably does nobody any good to express sympathy, but Mrs Noel and others who are present in this court should know full well that it is not because the court does not have sympathy with the appalling losses that Names suffered. At the end of the day, this court has to look at the position in law. The position in law, as I see it, is absolutely clear. It follows that to give Mrs Noel permission to appeal and allow her a further day in court in which Lloyd’s would be represented, would be doing her no service whatever. She would simply be liable for the costs that would be incurred and it would therefore do her no favours at all. There being no reasonable prospects of success on this appeal, her application for permission must be refused.”)

— another copy

Scanned copy of May 4, 2005 affidavit of Edward Cowan’s witness statement on behalf of Sally Noel (6 pp., 976 kb.)

Society of Lloyd’s v. Noel, [2002] EWHC (Comm) QBD Comm’l Ct., Mar. 27, 2002 (Sally Noel’s points by way of defence have no real prospect of success against Lloyd’s claims against her; Court has no power to order an investigation into Lloyd’s alleged fraud)
— same, [2002] All ER (D) 438 (Mar)
— Sally Noel’s data packet (PDF, 17 pages, 5.72 mb)

Society of Lloyd’s v. Noel, [2001] E.W.C.A. Civ. 521 (Ct. App., Mar. 30, 2001) (appeal by Lloyd’s investor against claim by Lloyd’s for Equitas reinsurance premium unilaterally imposed; appeal allowed) (“By the success of this appeal Mrs. Noel lives to fight another day. Rather, however, than fight it she would almost certainly be better advised to settle.”) (Investor had not signed a new form of undertaking under the 1982 Lloyd’s Act.)
— same, [2001] All ER (D) 371 (Mar)
— Lawtel summary

Society of Lloyd’s v. Noel, Ct. App., Mar. 31, 2000, transcript (Smith Bernal)

Society of Lloyd’s v. Noel, [2015] EWHC 734 (QB) Q.B., Mar. 20, 2015. (“In considering whether a party had persistently issued claims or made claims which were totally without merit, a court was entitled to have regard to all such claims and applications including those made prior to the making of an earlier extended civil restraint order.”)
— BAILLI version

Nutting v. Baldwin, 1995] 2 All E.R. 321, [1995] 1 W.L.R. 201 Ch. Div., Nov. 18, 1994 (Contract – Penalty – Forfeiture provision – Association formed to finance prosecution of claims – Association rules providing that any member failing to pay additional subscriptions disentitled to share in recoveries – Rule constituting forfeiture provision – Whether rules amounting to penalty clause – Whether equitable relief available)

PCW Syndicates v. PCW Insurers, C.A., July 31, 1995, Times L. Rep. 10 Oct. 1995, [1996] 1 All E.R. 774, [1996] 1 W.L.R. 1136, [1995] C.L.C. 1517
— Lawtel summary

Peterson v. De Brunner (Inspector of Taxes), Special Comm’rs Decision, Dec. 19, 1995, [1996] S.T.C. (SCD) 91 (calculation of tax relief on Lloyd’s losses in early years of underwriting)

Phillips v. Society of Lloyd’s, Times L. Rep. May 9, 1997 (Directions relating to the date for commencement of proceedings arising out of a dispute as to acceptance by Lloyd’s names of its reconstruction and renewal package.)
— Lawtel summary

Phillips v. Society of Lloyd’s case management, Q.B.D. Comm. Ct., Apr. 18, 1997
— CLI summary of case

Poole v. HM Treasury, [2006] EWHC 2731 (Comm), [2007] 1 All ER (Comm) 255, [2007] Lloyds Rep IR 114 (European-law issues; (non-)liability of British Government for alleged non-implementation of European directive)
— official version, BAILII
— same case, Court of Appeal, Civil Div. Daily Telegraph Law Reports version, Oct. 24, 2007
— official version, BAILII, [2007] EWCA Civ 1021

Price v. Society of Lloyd’s, [2000] Lloyd’s Rep. I.R. 453 (Q.B. Div. 22 Oct. 1999) (ASCII) (Equitas premium double counting and mental harassment by Lloyd’s alleged.)
— same, Q.B.D., Oct. 22, 1999, transcript (negligence, duty of care issues)
scanned copy of original judgment
another copy, RTF format (Lawtel summary, QBD 22 Oct. 1999)
— CLI summary of case
— Lawtel summary

Edwards-Roberts v. Price, Ct. App. Oct. 18, 1999, transcript (Smith-Bernal) (claim of negligence against accountants)
— another copy

Norwich Union Life Ins. Co. v. Qureshi, Ct. App. July 30, 1999, [1998] C.L.C. 1605 (An insurer’s duty of disclosure did not go beyond facts which were material to the insurance contract. Leave to appeal to the House of Lords refused.)
— Lawtel summary

Norwich Union Life Ins. Co. v. Qureshi, Q.B.D., Comm’lk Ct., June 8, 1998, [1999] Lloyd’s Rep. I.R. 263
— same, All England Reports transcript

Rew v. Cox, Q.B.D. 20 Oct. 1995, (1996) CLC 472 (Grounds for refusing a stay of legal proceeding notwithstanding prior agreement between the parties to arbitrate.)
— Lawtel summary

Roberts v. Ludlow Justices, Q.B.D. Crown Office List, CO/1573/91 (unreported, July 16, 1993) (spouse of Lloyd’s debtor convicted of obtaining property by deception; imprisonment and fine; unable to pay)

Roberts v. Price, Ct. App. Civ. Div., (unreported, Feb. 25, 2000) (Lloyd’s investor suing accountants for failure to advise in timely manner on tax position)

Society of Lloyd’s v. Robinson, H of L, [1999] 1 W.L.R. 756, [1999] 1 All ER (Comm) 545 (Mar. 25, 1999)
— from BAILII server
— another copy (ASCII)
— Lawtel summary

Robinson v. Society of Lloyd’s, Comm’l Court, Jan. 26, 2001, Elect. Telegraph, Issue 2111, Mar. 6, 2001 (ASCII) (Claim by applicant for a declaration that he was not an “accepting party” to R&R settlement agreement dismissed)

Russell v. Inland Revenue Commissioners, [1988] 1 W.L.R. 834; [1988] 2 All E.R. 405; [1988] S.T.C. 195; (1988) 132 S.J. 659; 1988 WL 623441 (Ch. D.) (statutory interpretation; deed of variation; reserve funds at Lloyd’s; capital transfer tax, estate of deceased Lloyd’s member)

Schuldenfrei v. Hilton (Inspector of Taxes), Ch. D., Feb. 10, 1998, [1998] S.T.C. 404 (lloyd’s investor’s tax issues)

Sheldon and others v R H M Outhwaite (Underwriting Agencies) Ltd., [1996] A.C. 102
— same, in Court of Appeal, June 30, 1994, [1994] 4 All ER 481, [1994] 3 W.L.R. 999, 43 Con LR 56
— same, in Queen’s Bench, [1994] 1 W.L.R. 754

Silver v. Inspector of Taxes, [1997] S.T.C. (SCD) 193 (tax issues of Lloyd’s investor)

Simner v. New India Assurance Co., Ltd. [1995] LRLR 240 (stop-loss insurance issues)

Sphere Drake Insurance Ltd v. Euro Int’l Underwriting Ltd., [2003] E.W.H.C. 1636 (Comm.), Times L.Rep. Aug. 11, 2003 (misrepresentation & fraud – nondisclosure)
— same, from BAILII server

Supperstone v. Lloyds [sic] Names Assn. Working Party (In re Stockwell), Ch. Div., unreported, June 15, 1999 (insolvency proceeding of Christopher Derek Stockwell; payments received by the second respondent after his bankruptcy constituted income and not after-acquired property)
— Lawtel summary

Stockwell & Ors. v. Society of Lloyd’s, [2007] EWCA Civ. 930, Court of Appeal, July 27, 2007

Stone and another v Chataway (In re Yorke), Ch. Div., [1997] 4 All E.R. 907 (retention of assets by executor of Lloyd’s investor) See June 19, 2001 discussion of this issue on the Trusts Discussion Forum, and see In re Diplock, [1948] Ch. 465 (C.A.). and H.M. Court Service Practice Directions.

Society of Lloyd’s v. Surman & ors., [2004] All E.R. (D) 157 (Oct.) (refusal of stay of charging orders)
— Same party, docket, U.S. Bankruptcy Court, M.D. Fla. 2001

Thomas v. Thomas, [1995] 2 F.L.R. 668, [1995] Fam. Law 672, [1996] 2 F.C.R. 544 (Lloyd’s losses; divorce)

Thomas-Everard v. Society of Lloyd’s, [2003] EWHC 1890 (Ch), Ch.D. July 18, 2002, Times L. Rep. 28 Aug. 2003, (Insolvency procedure: application to set aside statutory demands under r.6.5(4)(a) Insolvency Rules 1986 SI 1986/1925)
— same, in ASCII format
— same, [2003] EWHC 1890 (Ch), [2003] BPIR 1286
— CLI summary of case
— Lawtel summary

Society of Lloyd’s v. Tropp (AUA-9), [2004] EWHC 33 (Comm) (Jan. 20, 2004) (AUA-9 [appointed run-off managing agency] issues)
— same, [2004] All ER (D) 149 (Jan)
same, full text as read in court
—  Official Transcript
—For copies of all the English judgments relating to Richard A. Tropp (PDF format) see Docket list
— See also Tropp case, U.S. District Court, Southern District of New York, yellow section, below

Society of Lloyd’s v. Twinn, [2000] EWHC Admin 308, Ch.D., Mar. 23, 2000 (statutory demands)
— same, from BAILII server

Society of Lloyd’s v. Twinn, Ct. App. Mar. 23, 2000, Times L. Rep. Apr. 4 , 2000 (Contract – whether offer is accepted while seeking indulgence)
— Lawtel summary

Re Vos; Dick v., Kendall Freeman, [2006] B.P.I.R. 348, Chancery Div., Aug. 3, 2005 (Insolvent estate; disgorgement of executor’s commissions following petition in insolvency by Lloyd’s)

Wakefield v. Outhwaite, QBD, Comm’l Ct., May 1, 1990, [1990] 2 Lloyd’s Rep 157

Society of Lloyd’s v. Waters, [2001] B.P.I.R. 698 (Ch. D. 2000), (bankruptcy, cross-claim, sufficiency of ev idence; applicant made bankrupt on petition of Lloyd’s; appeal seeking annulment of bankruptcy pending outcome of Lloyd’s fraud litigation denied.)
— CLI summary of case

Society of Lloyd’s v. West, Q.B.D. Comm’l Ct., Nov. 24, 1997, unreported (dismissal of motion to set aside service as irregular) (see also California case, same parties, below in yellow section)

R (on the application of West) v. Lloyd’s of London, Ct. App. Civ. Div., Apr. 27, 2004, [2004] EWCA Civ 506, [2004] All ER (D) 270 (Lloyd’s investor not entitled to judicial review of matters related to Lloyd’s [self-] regulation)
— same as, [2004] 3 All ER 251
— transcript, (from All England Reports), [2004] EWCA Civ 506
— same, from court server
— Lawzone.com commentary on case

Society of Lloyd’s v. White, 144 S.J.L.B. 190 (Q.B. Div. Comm’l Ct. 3 Mar. 2000)
— Lawtel summary

Society of Lloyd’s v. White (No. 2), [2002] I.L.P.r. 11 (Q.B.D., Comm. Ct.)
— CLI summary of case

Wiliams v. Society of Lloyd’s (Re a Debtor, No. 105 of 2000) Bankruptcy, Jan. 11, 2000

Society of Lloyd’s v. Woodard, Ch. D. May 17, 1996, Times L. Rep. May 24, 1996 (validity of amendment of trust deeds by Lloyd’s)
— Lawtel summary
— CLI summary of case

P & B (Run-Off) Ltd. v Woolley, [2002] EWCA Civ 65 (Feb. 7, 2002) (cash calls on 1993 open year of aviation syndicate)
another copy

Wynniatt-Hussey v. R. J. Bromley Underwriting Agencies Plc, Q.B.D., Apr. 16, 1996 [1996] L.R.L.R. 310, (Q.B.D. Apr. 16, 1996) (preliminary rulings in claims by Names against managing and members’ agents)
— Lawtel summary

In re Yorke’s Estate, Ch. D. 8 July 1997, Times L.Rep. Aug. 11, 1997, [1997] 4 All E.R. 907 (executors of the will of a deceased ‘name’ at Lloyds obtained leave to distribute the residue of the estate)
— Lawtel summary
See June 19, 2001 discussion of this issue on the Trusts Discussion Forum, and see In re Diplock, [1948] Ch. 465 (C.A.) and
H.M. Court Service Practice Directions.

Young v. Robson Rhodes, [1999] 3 All E.R. 524, Ch. D. Mar. 30, 1999 (Accounting firm’s duty of confidentiality to Lloyd’s synidcate and conflict of interest in merger)
— Lawtel summary

Irish Judgments

In the matter of the European Communities (Civil and Commercial Judgments) Regulations 2002: The Society of Lloyd’s v James Monaghan, [2004] IEHC 113, [2003 14FJ], [2004] 1 IR 478, High Court, Mar. 10, 2004 (Allowing an appeal in the matter of the enforcement of an English judgment in favor of Lloyd’s)

Click HERE for Bankruptcy and Fraudulent Conveyance cases and materials – Bankruptcy Page links updated Sept. 21, 2003 – Click HERE for statutes and Lloyd’s administrative documents

(The page of statutes and documents has not been updated since 2000 and may be unavailable; it will be repaired ASAP; most materials will have to be re-scanned; see Lloyds Bye-Laws link elsewhere on this page)

United States Judgments

(includes some U.S. Bankruptcy Court decisions)

In re Society of Lloyd’s Enforcement of Judgment Litigation, 321 F. Supp. 2d 1381, Judicial Panel on Multidistrict Litigation, June 15, 2004

Society of Lloyd’s v. Abramson, 2004 WL 690878 , 2004 U.S. Dist. LEXIS 16092 (U.S.D.C., N.D. Tex. Mar. 29, 2004) (enforcement of judgment case)

Allen v. Lloyd’s of London, 94 F.3d 923 (4th Cir. 1996)
— same, from public.resource.org
— same case below, in District Court, 1996 WL 490177 (E.D. Va.), reversed by above
— Submission by British Government in Allen case

Society of Lloyd’s v. Anderson. 2004 WL 905618 , 2004 U.S. Dist. LEXIS 7351 (U.S.D.C., N.D. Tex. Apr. 27, 2004) (enforcement of judgment case)
— same, 2004 WL 1243220 (N.D. Tex. June 4, 2004) (supplemental findings and recommendations)

Society of Lloyd’s v. Anderson, 2004 U.S. Dist. LEXIS 12380 (U.S.D.C. N.D. Tex. July 1, 2004)

Anthoine v. Lord, Bissell & Brook (suit by Lloyd’s investors against New York law firm: asbestos-related fraud claims; dismissed)
284 A.D.2d 233, 726 N.Y.S.2d 553, 2001 N.Y. Slip Op. 05641 (First Dep’t, June 21, 2001)
97 N.Y.2d 607, 764 N.E.2d 394, 738 N.Y.S.2d 290 (Dec. 20, 2001)
295 A.D.2d 293, 744 N.Y.S.2d 666, 2002 N.Y. Slip Op. 05403 (June 27, 2002)
Discussion, Class Action Reporter, Friday, December 10, 1999, Vol. 1, No. 218
— same, from bankrupt.com server
— press release on case

Society of Lloyd’s v. Ashenden, 1999 WL 284775 (N.D. Ill) (enforcement of English judgment by federal district court in Illinois)
copy of District Court docket, N.D. Ill.
— same case affirmed on appeal, 233 F.3d 473 (7th Cir. 2000)
New York Law Journal article on the Ashenden and Grace Circuit Courts of Appeal judgments, June 25, 2001

Society of Lloyd’s v. Baker, 673 A.2d 1336 (Me. 1996) (enforcement of English judgment; case reported to have been substantially undefended with the understanding that Lloyd’s would not seek to collect this judgment)
— Same case in trial court below, 1995 Me. Super. LEXIS 144

Baker v. LeBoeuf, Lamb, Leiby & MacRae, 105 F.3d 1102 (6th Cir. (Ohio) 1997) (Lloyd’s law firm could not claim benefit of forum selection clause in investment contracts; case reportedly was later settled on secret terms)
— American Federal Tax Reports version, 79 A.F.T.R.2d 97-1296
— same case, from openjurist.org
— same case, court below: 1993 WL 662352 (U.S. District Court, S.D. Ohio)
There was an ANA-sponsored group action against LeBoeuf, Lamb that settled in 2004; each Lloyd’s-investor plaintiff reportedly received up to $50,000.

State ex rel. Barclays Bank PLC v. Court of Common Pleas of Hamilton County, Ohio, 660 N.E.2d 458 (S.Ct. Ohio 1997) (action to enjoin payment under a letter of credit must include the beneficiary, Lloyd’s, as a party)

Beauzay v. Corp. of Lloyd’s, 1995 WL 129240 (N.D.Cal.)
— later proceeding, 1995 WL 419736 (denying relief from FRCP Rule 41(a)(1) two-dismissal bar).
— Docket in above Case # 94-CV-20859

Society of Lloyd’s v. Bennett, 2004 WL 1368354, 2004 Utah App. LEXIS 122, 2004 UT App 122, Utah App., Apr. 22, 2004 (dismissal for untimely notice of appeal)
— same case, from court server

Society of Lloyd’s v. Bennett et al., D.C. D. Utah, Mar. 18, 2003, Lloyd’s enforcement of English judgments
— Court docket, with links to all available case documents
—  Certiorari denied, 75 U.S.L.W. 3013 (2005); includes links to petition and to briefs of the parties.
— Salt Lake Tribune, Apr. 4, 2003, “9 Utahns Must Pay Lloyd’s”
archived copy, same article
For judgment on appeal, see Society of Lloyd’s v. Reinhart, 402 F.3d 982 (10th Cir.), consolidating Utah and New Mexico appeals, Cert. denied, 546 U.S. 826 (No. 04-1731, Oct. 3, 2005)
— order

Society of Lloyd’s v. Bennett, 2003 U.S. Dist. LEXIS 25476 (D. Utah, Mar. 17, 2003) (Motion for relief from posting supersedeas bond denied)

Society of Lloyd’s v. Bennett, 204 Fed.Appx. 728 (10th Cir. 2006) (debtor’s stipulation regarding the extension of the writ of garnishment waived any objections to magistrate judge’s authority).

Society of Lloyd’s v. Bennett, 182 Fed.Appx. 840 (10th Cir. 2006) ((1) district court lacked jurisdiction to grant motion for relief from judgment; (2) collateral estoppel did not apply to preclude Lloyd’s from making disputed exchange rate argument; (3) Utah’s parol evidence rule did not preclude consideration of declaration of Lloyd’s English solicitor to clarify scope of contract and determine whether regulator should be judicially estopped from arguing that contract’s exchange rate did not apply; and (4) application of Utah’s Foreign-Money Claims Act to Lloyd’s judgments was the law of case.)

Society of Lloyd’s v. Berkos, 2000 U.S. Dist. LEXIS 2129 (N.D. Ill. 2000) (enforcement of English judgment; citation to discover assets of judgment debtor) (see below for docket)

Society of Lloyd’s v. Berkos, copy of District Court docket (N.D. Ill.)

Christy S. Berkos obituary (May 11, 2011)

Society of Lloyd’s v. Blackwell, 127 Fed. Appx. 961 (9th Cir. 2005) (applying Uniform Foreign Money-Judgments Recognition Act)

Same case: Society of Lloyd’s v. Blackwell et al., S.D. Cal. 2003 COMPLETE DOCKET (enforcement of English judgment against many California Lloyd’s investors) (most of the substantive documents in this case may be downloaded FREE from this site using hyperlinks within the docket )

Bobe v. Lloyd’s, 10 F.2d 730 (2d Cir. 1926) (holding that Lloyd’s was doing business in New York State and was subject to service of process)

Bonny v. Society of Lloyd’s, 3 F.3d 156 (7th Cir. 1993)
— same case below, 784 F.Supp. 1350 (N.D. Ill. 1991) (ASCII)
copy of District Court docket, N.D. Ill.

Society of Lloyd’s v. Borgers, 127 Fed. Appx. 959, 2005 U.S. App. LEXIS 6404 (9th Cir. 2005) (Enforcement of English judgment; due process issues)
&mdash Same case below: District Court judgment (unreported)

Society of Lloyd’s v. Boudreau , Palm Beach County, Fla (Judith Boudreau, pro se), order denying summary judgment to Lloyd’s on Uniform Foreign Money-Judgments Enforcement Act claim

Brown v. Lloyd’s (In re Brown), 219 B.R. 275 (Bankr. S.D. Tex.) A/P mem. op. Oct. 3, 1997
— same, from Bankruptcy Reporter (RTF)

Equitas Reinsurance Ltd. v. Browning Ferris Inds., Inc., 2001 Tex. App. LEXIS 2710 (affirming denial of special appearance by Equitas: “we find that Equitas has not met the burden of negating all bases of asserting specific jurisdiction”)

Society of Lloyd’s v. Campbell-White, No. 03-10950-RCL, slip op. (order) (D. Mass. Aug 23, 2004)
— judgment
— same, suggestion of bankruptcy
(collection case)
— Docket in bankruptcy case of Peter C. Pierce

Society of Lloyd’s v. Carter, U.S. Dist. Court, D.N.H., case # cv-020452-M (denial of motion to dismiss and petition to change venue to S.D. Fla.)
— same, 2003 WL 1191399, 55 Fed.R.Serv.3d 265, 2003 DNH 40, D.N.H., Mar 14, 2003

— In re Lloyd’s American Trust Fund Litig., 928 F.Supp. 333 (S.D.N.Y. 1996)
— same: 954 F.Supp 656 (S.D.N.Y. 1997)

— same, In re Lloyd’s American Trust Fund Litigation, 2002 WL 31663577 (S.D.N.Y. 2002) (order approving settlement of class action) By settlement Agreement dated May 8, 2002, class members asre entitled to cash payment of, typically, $786.23 and “transferable debt credit” of $1,900.00 which may be transferred or sold. Chicago Clearing Corp. undertook to host an auction market in the credits for holders who register by “6:00 pm Eastern Standard [sic] Time May 31, 2004”. Further info from Gilardi & Co., LLC , P.O. Box 1110, Corte Madera, CA 94976-1110, (415) 461-0410.

LATF case, judgment enforcement opposition documents and position papers (May 2004):
— “More on the Lloyd’s Trap”
— Citibank_opposition
— “North Carolina Defense”
— “North Carolina Answer”

Notice of class action: Lloyd’s American Trust Fund case
— another copy (284k).

Society of Lloyd’s v. Cohen, 108 Fed.Appx. 126 (5th Cir. 2004), 2004 WL 1759248, 2004 U.S. App. LEXIS 16128 (Tex.) (enforcement of judgment case)

In re Collins, 250 B.R. 645 (Bankr. N.D. Ill. 2000) (Patrick Collins: sanctions against debtor Lloyd’s investor and bankruptcy counsel in dismissed Chapter 7 case where exempt assets exceeded value of Lloyd’s claims. Compare In re Sills, below.)
— Docket for above case – NOTE: the only downloadable document on this docket is the Petition (PDF)

Society of Lloyd’s v. Collins, 284 F.3d 727 (7th Cir. 2002) (Asset protection issues; same party: certain assets of Collins and Callahan, two investors in Lloyd’s, held exempt from garnishment in enforcement of judgment action by Lloyd’s)
— same, on Findlaw site

Society of Lloyd’s v. Collins, copy of District Court docket, N.D. Ill. (Lloyd’s enforcement of judgment action)

— Patrick J. Collins, obituary (Dec. 18, 2020)

Collins v. Society of Lloyd’s, 874 So. 2d 672 (Fla. App. 4th Dist. 2004), 29 Fla. L. Weekly D1233, May 19, 2004

Society of Lloyd’s v. Davies, 107 Fed. Appx. 887 (Table), 2004 WL 1236968, 2004 U.S. App. LEXIS 19670 (11th Cir. (Ga.)) , May 24, 2004) (includes appeal briefs of the parties)

Doughty v. Underwriters at Lloyd’s of London, 6 F.3d 856 (1st Cir. 1993) (Reinsurance company’s state receiver sueing under reinsurance contracts; only procedural issues decided)

Society of Lloyd’s v. Edelman et al., 2004 U.S. Dist. LEXIS 15577 (S.D.N.Y. 2004) (exchange rate issue; enforcement of judgment case against 8 defendants)

Society of Lloyd’s v. Edelman, 2005 WL 639412 (S.D.N.Y.) (enforcement of judgment against some of same defendants as above)
— Docket of above case (no downloadable documents)

Ellis v. Society of Lloyd’s, 944 So.2d 351 (Fla. App. 1 Dist. 2006) (affirming without opinion judgment for Lloyd’s in collection action(

Society of Lloyd’s v. Eynon, S.D. Ohio, 1-04-cv-00187-24-SDOH

Forgosh bankruptcy case: access via dockets; principal documents may be downloaded in PDF format here; for others, see PACER
— Case No. 05-38890 (U.S. Bankruptcy Court, D. Minn.)
— Case No. 06-03857 (U.S. District Court, D. Minn.)
— Case No. 06-03858 (U.S. District Court, D. Minn.)
Issues: Fraudulent conveyance, enforcement of foreign money judgment, community property and postnuptial agreement, bad-faith Chapter 7 filing. Forgosh is a Minnesota lawyer.

Society of Lloyd’s v. Fuerst, 2005 WL 1606011, 2005 U.S. App. LEXIS 14003 (8th Cir. (Mo.)) (enforcement of foreign judgment)
— DOCKET of Fuerst case in U.S. District Court for the Eastern District of Missouri, with many downloadable documents. color="navy" See especially Item 99 for copies of recent U.S. judgments in favor of Lloyd’s, including some unreported judgments not otherwise indexed on this site.

Corporation of Lloyd’s v. Elizabeth M. Funk a/k/a Elizabeth M. Cameron-Webb, 91 N.Y.2d 1002, 698 N.E.2d 958, 676 N.Y.S.2d 129 (Ct. App. N.Y. 1998) (motion for leave to appeal dism’d upon the ground that the order sought to be appealed from lacks finality) (included here by reason of Cameron-Webb connection)

In re Gibson, N.D.N.Y. Case No. 98-60690 (Chapt. 13 case dismissed upon motion by Lloyd’s: held 2-party dispute; debtor had failed to modify his lifestyle. Jurisdiction and venue otherwise approved for Canadian resident with U.S. property.)

Grace v. Corporation of Lloyd’s, 1997 WL 607543 (S.D.N.Y.) (RTF) (enforcement of foreign judgment)
— same, from court server

Society of Lloyd’s v. Grace (Supreme Court, N.Y. County, Index No. 604065/98, judgment of Nov. 12, 1999 (unreported) (enforcement of English judgment against the Graces in state court)

Society of Lloyd’s v. Grace, 278 A.D.2d 169, 718 N.Y.S.2d 327 (1st Dept. 2000) (opinion of Supreme Court Appellate Div. affirming judgment on basis of comity and enforcing English judgment; due process and public policy issues rejected)

Society of Lloyd’s v. Hamilton, 2007 WL 2280027, 501 F.Supp.2d 248 (D. Mass.) (another collection case)
— Court version, Findings and Recommendations

Society of Lloyd’s v. Harmsen (In re Harmsen), 320 B.R. 188 (Bankr. 10th Cir. BAP 2005) (affirming dismissal by D. Utah Bankruptcy Court of involuntary bankruptcy petition filed by Lloyd’s)

In re Harmsen, judgment of Bankruptcy Court., D. Utah
— docket, with downloadable involuntary petition and many other case documents, including some motions, orders and briefs

Williams v. Harrison (In re Estate of A. Cary Harrison III, Debtor in a Foreign Proceeding, Case No. 8:08-bk-07002-KRM (Chapt. 15). (“the Court finds as a matter of law no fraud, no breach of fiduciary duty, no basis for equitable lien on the transferred homestead property, and no cause of action under Chapter 726, Florida Statutes.”)
See Docket with downloadable files, including the submissions by Lloyd’s and responses of the defendant.

A. Cary Harrison III, memorial service (Apr. 18, 2003)

Haynsworth v. Corp. of Lloyd’s, 121 F.3d 956 (5th Cir. 1997)

Stuart Getz Haynsworth obituary (June 6, 2011)

In re Head, 223 B.R. 648, 32 Bankr.Ct.Dec. 1222 (W.D.N.Y. 1998) (Certain Canadian domiciliaries could not file bankruptcy petitions in the U.S. to avoid forum selection clause) NOTE: This was the first direct intervention by Lloyd’s in a bankruptcy case. Lloyd’s did not intervene in several other earlier and later cases where alien investors were factually insolvent (or nearly so) and had spent at least several months in the U.S. prior to filing.

In re Janis Louise Hill, 97-09379-6B1 (Bkcy. M.D. Fla. 1997) - Docket

Society of Lloyd’s v. Hudson, 276 F.Supp.2d 1110 (D.Nev. 2003) (enforcement of English judgment against Lloyd’s investor)

Hugel v. Corp. of Lloyd’s, 999 F.2d 206 (7th Cir. 1993) (enforcement of the English forum selection clause of the “General Undertaking”)

Konold v. R.W. Sturge, Ltd., 108 Ohio App. 3d 309; 670 N.E.2d 574; 1996 Ohio App. LEXIS 87 (1996) (probate court’s order refusing to dismiss declaratory judgment action was not “final and appealable”)

Society of Lloyd’s v. Lee, U.S. Dist. Court, D.Colo., case #02-cv-1979 (enforcement of English judgment case, with counterclaim by defendant): Docket – Answer & counterclaim
— Docket, consolidated case including above defendant, Society of Lloyd’s v. Sommer
— Docket, same case following settlement by Sommer, re-titled Society of Lloyd’s v. Silversmith (with links to selected downloadable court documents)
— Final judgment in favor of Lloyd’s in Society of Lloyd’s v. Silversmith (unreported, HTML)

Society of Lloyd’s v. Lee, Slip Copy, 2007 WL 2126381 (D.Colo.) (Judgment of July 23, 2007)

Raymond C. Lee obituary (May 25, 2018)

Leslie v. Lloyd’s of London, 1995 U.S. Dist. LEXIS 15380
— same case, another version: 1995 WL 661090 (S.D.Tex.); 64 USLW 2239 (ASCII)
— Leslie v. Lloyd’s of London, 1994 WL 873350 (S.D. Tex., Nov. 2, 1994)
—  REVERSED BY: Haynsworth v. The Corporation, 121 F3d. 956 (5th Cir. 1997) (ASCII)

Lipcon v. Lloyd’s of London, 148 F.3d 1285 (11th Cir. 1998)
— same from public.resource.org

In re Lowry, SA98-12113-JR, Ch. 11, Bankr., C.D. Cal. (Judgment of dismissal on motion by Lloyd’s, issued July 20, 1998, on grounds that underlying issue was two-party dispute, that debtor was indisputably solvent, and that motivation for case was forum-shopping) (see also Blackwell case, above, 5 years later)

In re Lyons, docket in Jeremy Lyons’ 1995 Chapter 7 bankruptcy, S.D. Fla., 95-22606
— Docket in adversarial proceeding brought by trustee
(Case was dismissed 4/30/96 following an agreement between Lyons and Lloyd’s; Lloyd’s paid a substantial sum to complensate the trustee for an investigation she had underatken when Lloyd’s falsely accused Lyons of conceaning assets, and Lloyd’s agreed to pay for arbitration in London between Lyons and his Member’s Agent. That arbitration, found in favor of the Agent.)

McDade v. Nationsbank of Texas, N.A., 1995 U.S. Dist. LEXIS 21095 (not found on Westlaw) (fraud claim; Lloyd’s motion for dismissal based on lack of subject matter jurisdiction granted)

Society of Lloyd’s v. Est. of McMurray, 274 F.3d 1133 (7th Cir. 2001) (enforcement of Lloyd’s judgment against assets of deceased investor in inter-vivos trust into which decedent had transferred real and personal property worth $3.8 million: fraudulent conveyance and 2-year probate statute of limitations issues not reached; trust held responsible for debts under its own terms)
— Digest and comment (Morelaw.com)
— same case below, 2001 WL 471939 (N.D. Ill. 2001)

Malone v. Equitas Reinsurance Limited, L.A. Co. Super. Ct. 12/2/00 (jurisdictional issues on Equitas)
same case in Court of Appeal, 84 Cal. App. 4th 1430 (2000) (see other Equitas cases in light green section above, left: click on “Table of Equitas court cases”)

Society of Lloyd’s v. Michalove, W.D.N.C., 3-03-cv-00594-59-DID

Society of Lloyd’s v. Moore, Slip Copy, 2006 WL 3167735 (S.D. Ohio, 2006), Nov. 1, 2006 (fraudulent transfer issues; arbitration and mediation; this opinion concerns privileged nature of certain communications from the mediator)
— Stipulated entry of permanent injunction and dismissal (settlement agreement attached)

Society of Lloyd’s v. Mullin, 255 F.Supp. 2d 468 (E.D. Pa. 2003), (enforcing English judgment against Lloyd’s investor)
— same document, RTF Format, 2003 U.S. Dist. LEXIS 4741
— same, affirmed on appeal, 96 Fed. Appx. 100 (3d Cir. 2004), 2004 WL 1012904, 2004 U.S. App. LEXIS 8968, Mar. 25, 2004
— Newspaper report of interview, The Reporter, Feb. 1, 2005

Society of Lloyd’s v. Price (In re Price), 2004 U.S. Dist. LEXIS 22783, 2004 WL 2550590 , W. D. Tex., Nov. 10, 2004

Society of Lloyd’s v. Reinhart, 402 F.3d 982, 2005 U.S. App. LEXIS 4732, 2005 WL 668806 (10th Cir. (N.M.)) (enforcement of judgment case)
—same, from court server (RTF)
— Text of Appellate Brief filed by Lloyd’s

Richards v. Lloyd’s of London, 107 F.3d 1422 (9th Cir. 1997)
— same, from findlaw.com

Richards v. Lloyd’s of London, 121 F.3d 565 (9th Cir. 1997) (decision for rehearing en banc)

Richards v. Lloyd’s of London, 135 F.3d 1289 (9th Cir. 1998) (same case, reversal on rehearing)
— Hansard discussion of British Embassy involvement in case
— SEC brief amicus curiae
— Journal of Insurance Regulation commentary
— another article: enforcement of arbitration agreements
— Los Angeles County Bar Assn. site, Michael L. Nov icoff articloe, commentary on Richards case
— Baltimore Sun article, Aug. 28, 1996
— Comment by Michael L. Nivocoff (rendered moot by subsequent events, but it does raise some useful points)
— Findlaw archive of documents in this case

Riley v. Kingsley Underwriting Agencies Ltd., 969 F.2d 953 (10th Cir. 1992)
—  Petition by Roby plaintiffs for Writ of Certiorari
—  Reply Memorandum by Society of Lloyd’s

Harry Collins Roach, et al., enforcement of English judgment, accessible via dockets:
— Society of Lloyd’s v. Eyon, Fleck & Roach, U.S.D.C. Ohio, Case No. 06-3643
— Society of Lloyd’s v. Roach, U.S.D.C., N.D. Ala. Case No. 06-3643
Selected documents may be downloaded from the archived dockets; for others see PACER

Roby v. Corporation of Lloyd’s, 796 F.Supp, 103 (S.D.N.Y. 1992) (Lloyd’s syndicates are not separate legal entities subject to service of process)
— The Wall Street Journal, June 17, 1992, “Lloyd’s Scores Victory in Fight with Investors”

Roby v. Corporation of Lloyd’s, 824 F.Supp 336 (S.D.N.Y. 1992) (forum selection clause enforced)
— New York Times report of filing of the case, “U.S. Investors Sue Lloyd’s” , Oct. 22, 1991, p. D10.
— The Wall Street Journal, Aug. 30, 1991, “Lloyd’s of London, Hit by Losses, Also Faces Legal Wrangle in U.S.”

Roby v. Corporation of Lloyd’s, 996 F.2d 1353 (2nd Cir. 1993)
copy of petition for certiorari to U.S. Supreme Court (denied)
brief for defendants-appellees members’ agents

Society of Lloyd’s v. Roby, N.D. Ohio (Cleveland), 1-04-mc-00007-LW, Docket (“notice of filing foreign judgment” and all subsequent papers, including order dismissing case upon initiation by Lloyd’s of separate civil case and filing by defendant of “notice of filing bankruptcy”)

In re Roby, Bankr. N.D. Ohio (Canton), 04-61365-rk, Docket (petition and numerous documents may be downloaded free; the purpose is to show Lloyd’s investors considering bankruptcy what Lloyd’s strategy is likely to be. NOTE, however, the 2005 amendments to the Bankruptcy Code (“Bankruptcy Abuse Prevention and Consumer Protection Act of 2005” (for details see the ABI site or the text at LOC’s Thomas) are likely to put Chapter 7 out of reach of most; Chapter 11 may still be possible provided that (following In re Collins) exempt assets do not exceed the value of Lloyd’s claims.)

Rosenblatt v. Ernst and Young Int’l Ltd., 87 F.Supp. 2d 1048 (S.D. Cal. 2000 (suit by a Lloyd’s investor against Cayman Islands accounting firm for negligent misrepresentation)

Rosenblatt v. Ernst and Young Int’l Ltd., 27 Fed.Appx. 731, 2002 U.S.App.LEXIS 1575 (9th Cir. 2002) (appeal of above) (see also Blackwell case, above)

Richard D. Rosenblatt obituary (Feb. 11, 2018)

In re Scheinuk, Bankr. 93-11134 (Bankr. E.D. La.) – Docket – Proof of claim filed by Lloyd’s (same POC, in PDF format) The 1993 Scheinuk Chapter 11 bankruptcy is of particular historical interest. Its usefulness for current debtors is questionable since Lloyd’s strategy has changed and the case law has moved on. Furthermore, Lloyd’s has now obtained English judgments against most of its target investor-debtors for Equitas premiums and/or Central Fund demands. As in the Jeremy Lyons (95-22606, Bankr. S.D. Fla.) and the Kissell (92-16589, Bankr. N.D. Ill.) cases and in the Daniel Gross probate proceeding (S.D. Fla.), Lloyd’s was led to settle, but in the Scheinuk case it was because Lloyd’s counsel had inadvisedly filed a proof of claim, giving the U.S. bankruptcy court jurisdiction over a counterclaim that Lloyd’s was not (yet) ready to defend. Unlike some Lloyd’s judgment debtors, Scheinuk had substantial non-Lloyd’s debts.

Shell v. R.W. Sturge Ltd., 55 F.3d 1227 (6th Cir. 1995) (action to rescind investment contract; dismissal affirmed)
— same, from public.resource.org 1995 Fed/App. 0176P
—  same case in court below, 850 F. Supp. 620 (S.D. Ohio 1993).

Society of Loyd’s v. Shields, 118 Fed. Appx. 12, 2004 U.S. App. LEXIS 24105, 6th Cir. Nov. 17, 2004 (enforcement of Engish judgments for Eqitas premiums)

Society of Loyd’s v. Siemon-Netto, 457 F.3d 94, 372 U.S.App.D.C. 448, 2006 U.S. App. LEXIS 20239 (enforcement of Engish judgments for Eqitas premiums)
— See docket, this case: App. D.C. Cir. 04-7214, 12/30/04
— Docket, case below, 03-01524 (D.D.C.); mem. judgment, Aug. 20, 2004 (PDF)
— See docket, subsequent bankruptcy case: Bankr. D.C. Cir. 05-00720, filed 5/9/05, discharge granted 9/27/05.

In re Sills, 250 B.R. 675 (Bankr. N.D. Ill. 2000) (bankruptcy case; denial of sanctions to Lloyd’s)
another copy , from court server
— Docket from above case - NOTE: the only downloadable documents on this docket are the Petition (PDF) (item #1) and item ## 10, 49, 66 & 77

Stamm v. Barclays Bank of New York, 153 F.3d 30 (2nd Cir. 1998) (forum selection provisions enforced)
— same case below, 960 F.Supp. 724 (S.D.N.Y. 1997) (dismissal with leave to amend)
— same case below, 1997 WL 438773 (granting defendant’s motion t dismiss)
same case, 1996 WL 614087 (denying plaintiffs’ motion to remand to state court)

Society of Lloyd’s v. Sumerel, Slip Copy, 2007 WL 2114381 (M.D.Fla.) (Collection case)

Society of Lloyd’s v. Sundlun, D.R.I., Docket # 1:06-cv-00106-L-LDA (collection case, settled; principal documents can be downloaded from docket page)

Syndicate 420 at Lloyd’s v. Early Am. Ins., 796 F.2d 821 (5th Cir. 1986) (ASCII)

Tropp v. Corporation of Lloyd’s, S.D.N.Y. Docket No. 07-cv-414 (Includes most of the documents of the litigation in downloadable PDF format)
— Judgment of Mar. 25, 2008 dismissing Tropp complaint against Lloyd’s (reported as Tropp v. Corp. of Lloyd’s, 2008 U.S. Dist. LEXIS 30635 (S.D.N.Y., Mar. 25, 2008)
— Chris Blackhurst article, Evening Standard, Apr. 14, 2008, discussing dismissal of case
— Anita Raghavan, The Wall Street Journal, Dec. 27, 2007, “A Legal Battle Against Lloyd’s Gives Rare View” (Issue raised in Tropp case in U.S. enforcement of judgment case as to parliamentary intent in passage of the Lloyd’s Act 1982)
— Tropp v. Corporation of Lloyd’s, 385 Fed. Appx. 36; 2010 U.S. App. LEXIS 14657 dismissal of Tropp’s pro se appeal

Tropp v. Corporation of Lloyd’s, Documents and materials related to Supreme Court certiorari petition:
— Tropp’s Petition for Certiorari, April 11, 2011
— Amicus brief of Jeremy McBride in support of Petitioner, April 13, 2011
— Amicus brief of Geoffrey C. Hazard & Michael Traynor on behalf of Petitioner, May 13, 2001
— Amicus brief of American Names Association in support of Petitioner, May 13, 2011
— Fried Frank brief on behalf of Corp. of Lloyd’s in opposition, June 3, 2011
— Reply brief for Petitioner, June 7, 2011
— Decision of U.S. Supreme Court denying certiorari, 79 U.S.L.W. 3728, 2011 U.S. LEXIS 4826 (June 27, 2011)

Tufts v. Corp. of Lloyd’s, 981 F.Supp. 808 (S.D.N.Y. 1996)

Tufts v. Corp. of Lloyd’s, 128 F.3d 793 (2nd Cir. 1997)

Society of Lloyd’s v. Turner, 303 F.3d 325 (5th Cir. 2002) (as corrected Sept. 24, 2002) (affirming enforcement in U.S. of English default judgment against Turner and Webb under Uniform Foreign Money-Judgment Recognition Act); also 2002 U.S. App. LEXIS 16904, Jul. 25, 2002, decision without published opinion

In re Turner, Bankr. S.D. Fla., Chapt. 13 Case # 98-30456, copy of Docket (included as an example of one of many successful U.S. bankruptcy cases, leading to discharge of Lloyd’s claims (Mr. & Mrs. Turner are Canadian citizens resident in the U.S.))

Union Pacific R. Co. v. Equitas Limited, 987 P.2d 954 (Colo. 1999) (RTF) (Equitas not subject to jurisdiction of the court; dismissed as defendant)

Union Pacific R. Co. v. Century Indemnity Co., Dist. Ct. Denver, CO, Case No. 97-CV- 6951 (Equitas Ltd. (Lloyd’s captive reinsurer) brief denying jurisdiction of U.S. courts)

Society of Lloyd’s v. Webb, 156 F.Supp.2d 632 (N.D. Tex. 2001) (RTF) (Granting summary judgment for Lloyd’s and enforcing English judgment; relying on Ashenden case (above), “the Court finds that Webb has been afforded due process in the English courts”)

Society of Lloyd’s v. Webb, 303 F.2d 325 (5th Cir. July 25, 2002) and 2002 U.S. App. LEXIS 16904 (affirmingwithout opinion District Court judgment for Lloyd’s)

West v. Lloyd’s, 1997 WL 1114662 (Cal.App. 2 Dist.)
— Brief for Appellants (West)
— Brief for Resondent (Lloyd’s)
—  (unpublished decision) Corp. of Lloyd’s v. Los Angeles County Superior Court, ex rel. West, 1998 Cal. LEXIS 8110 (Sup. Ct. Cal.) (petition for review denied without opinion) This is the sole case outside of bankruptcy to result in a resounding victory for the investor against Lloyd’s. Unfortunately that result depended upon unique facts and timing, and is shrouded in secrecy. The lead lawyer for the West family was Earle Hale, Esq., Williamsburg, VA.

DOCKETS of specimen U.S. District Court cases in Lloyd’s enforcement of judgment proceedings – an important source of guidance for future cases (some with free downloadable files and documents):
Benz - Blackwell - Cohen - Denbo - Fuerst - Hertel - Lee - Martin - Methvin - Neely - Poley - Shields - Siemon-Netto

Krebs & Soby (S. Carolina collection case, filed Dec. 15, 2003) docket with links to complaint and all other documents through Jan. 27, 2004, downloadable free

Bennett case (Utah) - same, 10th Cir. appeal

Wallace Reed Bennett obituary (July 25, 2010)
Grant R. Caldwell obituary (June 10, 2005)
Calvin P. Gaddis obituary (Dec. 23, 2013)
Edward Wallace Muir obituary (Oct. 10, 2007)

SOME BANKRUPTCY DOCKETS with petitions and major pleadings, including (where applicable) Lloyd’s motions to dismiss (see above, yellow section, for some additional, related materials)
Brady, see also: Letter from Bankruptcy Judge Clark regarding Equitas return premium (PDF) – Opinion referred to in Clark letter: 368 B.R. 579 (Bankr. W.D. Tex. 2007) (PDF) – Collins – Lowry – Pierce – Roby – Scheinuk – Sills – Surman – Turner
(Note that Lloyd’s motions to dismiss cite other dismissed cases, but that many of these citations are out of context. Aside from cases like Carter, Collins and Lowry where debtors were solvent, exempt assets taken into consideration, are cases like Siemon-Netto and Lyons. In Siemon-Netto, Judge Blackshear was misled regarding heavily-mortgaged French real estate and the couple’s joint Ch, 13 was further muddled by the fact that a separate bankruptcy case dealt with at the same time involved a solvent Lloyd’s debtor. In Lyons and Kissell (early bankruptcy cases) Lloyd’s settled and cancelled all the investors’ Lloyd’s debts. In Head, Judge Kaplan refused to distinguish between debtors who owned US real estate in the District and spent substantial time there and those who had only nominal connection with the USA. It goes without saying that the 50-60% of successful Ch. 7, 11 & 13 bankruptcy filings, in which claims by Lloyd’s were discharged and the investor got on with his or her life, have been unremarked in the published record of case law.)

 

Last correction/modification to this page:  Mar. 27, 2022