R v CORPORATION OF LLOYD'S & ORS, EX PARTE BRIGGS & ORS (1993)

DC (Leggatt LJ, Popplewell J) 17/7/92

INSURANCE - ADMINISTRATIVE - CONTRACT

LLOYD'S NAMES LITIGATION : JUDICIAL REVIEW : CIVIL PROCEEDINGS : LLOYD'S CORPORATION DECISIONS : UNDERWRITERS AND UNDERWRITING : LLOYD'S COUNCIL DECISIONS

There was no public law element in the relationship between syndicate members and Lloyds and therefore decisions taken that affected that relationship were not subject to judicial review.

Application by the Lloyd's Corporation to set aside leave granted to the applicants for judicial review of Lloyd's Council decisions.

HELD: Even if the Lloyd's Corporation did perform public functions, the rights relied on in the present proceedings related exclusively to the contract governing the relationship between names and their members' agents and managing agents. This had nothing to do with public law. All the powers complained of were exercised by Lloyd's Council by agreement. They were not susceptible to judicial review.

Application granted.

Gordon Pollock QC, Mark Havelock-Allen and Alison Foster instructed by Lloyd's Solicitors' Department for Lloyd's. Anthony Colman QC and Richard Gordon instructed by Bentley Stokes of Lawliss for the applicants.

TLR 30/7/92 : ILR 16/9/92 : (1993) 5 Admin LR 698 : (1993) 1 Lloyd's Rep 176

Document No. AC1603995