SOCIETY OF LLOYD'S (Plaintiffs) v TERENCE WILLIAM FRASER & ORS (Defendants) (1997)
CIVIL PROCEDURE - INSURANCE - COMMERCIAL
FINAL DIRECTIONS : DISPOSAL OF LLOYD'S NAMES CASES
Directions for finally disposing of the Lloyd's names cases.
Directions made by his Lordship for the final disposal of all Lloyd's Names
(1) Messrs Epstein Grower & Michael Freeman (EGMF) identifying each defendant who has given EGMF instruction to advance an allegation of bad faith as referred to in EGMF's letters dated 17 and 28 October 1987. Such list to be served on the plaintiffs' solicitors by 4 pm on 7 November 1997.
(2) Any other defendant, not instructing EGMF who seeks to rely upon this allegation to serve an affidavit stating that he or she intends to advance such an allegation.
(3) Any defendant listed in the schedules to the summonses for directions but not identified in the aforesaid list or affidavits to be debarred from advancing such allegation.
(4) By 7 November 1997 the plaintiffs to serve an affidavit deposing to the grounds upon which they rely in support of their contention that it is an abuse of process for allegations to be made at this stage of the proceedings. After further directions for service by the defendants 7 days thereafter and how they are to be dealt with a hearing date was fixed for Wednesday 27 November 1997 to determine whether it is an abuse of process for some or all of the defendants (those listed in the schedules to the summonses for directions and identified pursuant to paras.(1) and (2) above) to make such allegations at this stage of the proceedings timed to be heard in one day.
After further directions a hearing was fixed for 8 December 1997 and 9 December 1997 to determine the summary judgment applications against all defendants other than those who rely on and are not debarred from relying on "bad faith in relation to R&R". The directions go on to deal with the Canadian Securities legislation issue and the filing of affidavits thereon and fixes a hearing for this issue in the week commencing 19 January 1998, and provisionally fixed for 19 January 1998 and 20 January 1998. Any application following judgment for a stay of execution based on personal hardship to be assigned to be dealt with by Master Miller, with liberty to apply to the Commercial Judge in Chambers. Costs for the application to be reserved. Certificate for two counsel. Schedule 1 lists the parties, their counsel and solicitors. as stated in (1) and (2) above.
Mark Watson-Gandy instructed by Messrs Tennakoons for Mrs S.Khan. Richard Jacobs instructed by Dibb Lupton Alsop for the Society of Lloyd's. Craig Orr instructed by Warner Cranston for the Canadian defendants. Mr Goldblatt QC and Mr Nelson instructed by EGMF. Gavin Geary instructed by James S Barnett for J F Pascoe and S J Turner. Mr Bretler instructed by Clifford Harris for A W Gooda. Other appearances were by solicitors or litigants in person.
LTL 13/11/97 (Unreported elsewhere)
Document No. AC0006616
For reports on the outcome of these actions see Society of Lloyd's v Terence William Fraser & Ors (1998) and Society of Lloyd's v Lyons: Same v Leighs: Same v Wilkinson (1997).