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
Cases.
(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).