NOTE: Litigation over the law and facts regarding investment in Lloyds, applicable law, counterclaims and setoffs has now come to an end. The recent cases concern the validity and enforceability of judgments, arcane bankruptcy issues and fraudulent transfers. We have now deleted the commentary sections formerly included on this page; you can find them archived here.
The Falun Gong, the Chinese religious sect persecuted by the communist government of China, had it about right in discussing the Tropp case (although their illustration editor confused the Society of Lloyds with Lloyds TSB): the UK courts sided with the wrongdoers. Their article was published June 2, 2011. There should have been no surprise when on July 19 the US Supreme Court likewise sided with the securities sellers deemed by governments to be "too big to fail"; see docket. Too big to fail means also too big to sue (a Zerohedge.com article).
The CEOs and other senior executives of the Wall Street firms that brought down the world economy were, with few exceptions, allowed to walk away with the immense wealth they took from the middle classes though complex derivatives and fake hedges. But they were only copying a technique that Lloyds management and agents had used years before when they reinsured their own risks cheaply at the expense of new small investors.
The tragedy of so many of the Lloyds victims is that they continued to trust in Lloyds leadership until too late: the worst off were those who tried to trade through and, for a different reason, those who, thinking that membership in Lloyds afforded status and a cachet, brought in their spouses as members as well: thus assuring that they could not, when Lloyds began to collapse, benefit from quite legitimate and legal bankruptcy and asset protection strategies. Those who somehow thought that morality required them to impoverish themselves to try to make Lloyds whole missed the point (as well as the opportunity to minimize disaster) because just as toxic mortgage debtors who refuse to walk away from their losses are laughed at by the bankers who profited so handsomely with incentive bonuses and outsized salaries and pensions in the USA and the UK, the evildoers themselves were not the true creditor or beneficiary of the investors or borrowers largess: the losses of those institutions too big to fail were socialized, nationalized and paid by the State and the taxpayer.
By now those who spent a decade defending and/or fighting against Lloyds — mostly on the false premise that the court system of one or another country would do justice — are either deceased (like A. Carey Harrison III) or have moved on. Those who fared best were those who acted early to ring-fence their assets: as articles and documents listed elsewhere on this page demonstrate, there was plenty of time (4 years in most U.S. states; six in New York (as the Madoff Ponzi clawback actions by trustee Irving Picard have shown, New York claims are limited in most cases to 6 years: Google madoff clawback statute of limitations). Our early writing warned Lloyds investors to act quickly to prevent Lloyds from ever getting an English judgment that might be enforced elsewhere without limit of time. Those who successfully filed bankruptcy in the USA, including a number of British, Canadian and other residents with some connection to the USA or US property) succeeded about half the time. This is comparable to the success rate of individual bankruptcies generally in the USA. Interestingly, Lloyds did not generally contest the early bankruptcies. And when Lloyds did start to object, it reserved its intervention for cases in which it had reasonable hope for success. Early cases (before Lloyds had precedent on its side) tended to get through to discharge even when the debtor had significant assets.
We close with a word of warning: the best prospects list for a scammer or a Ponzi operator or any con artist is always a list of victims of previous scams. One hopes that lessons can be learned from the Lloyds imbroglio, but the history of scams and investment failures over the past two decades and more shows that Government is largely on the wrong side; and this is unlikely to change, especially as politicians are now so dependent upon the very rich to finance their campaigns, and the very rich are (especially since the US Supreme Court's decision in Citizens United v. Federal Election Commission) free to do so with other peoples money.
This site consists of a database containing all known published judgments and significant court documents relating to litigation between the Society of Lloyds and the investors it recruited. It is provided as a free public service: the editor, , a qualified lawyer and legal writer, accepts no referrals from this site.
In addition to purely procedural issues, the litigation covers three important matters: (1) private international law (conflict of laws): what jurisdiction shall hear the dispute and which countrys laws shall apply; (2) whether counterclaims or setoffs (usually framed in terms of fraud or negligence by Lloyds or its directors) may be asserted against claims by Lloyds; (3) whether securities (financial services) laws apply. Other cases included here relate to cross-border enforcement of judgments and bankruptcy matters.
The most startling conclusion from reading the collected documentation case reports, diplomatic correspondence, lobbyists submissions, law review articles is the politicization of what, a decade or two before, would have been addressed (in America at least) purely in securities regulation terms.
Society of Lloyds c/ Allard, Nov. 4, 2003, Docket: Cour Supérieure, Hull 550-17-000925-030, 2003 WL 22663421, Québec 2003
Society of Lloyds c/ Alper, Cour supérieure, Montréal, June 9, 2004
Society of Lloyd's c. Alper, [2006] Q.J. No. 1915 (Quebec Superior Court 2006) (recognition of judgment)
Ash v. Corp. of Lloyds, 8 O.R.(3d) 282, Apr. 23, 1992 (Canadian Names Assn case)
Ash v. Corp. of Lloyds, 60 O.A.C. 241 (Ont. C.A. 1992)
Ash v. Corp. of Lloyds, 1991 Carswell Ont 475, 7 C.P.C. (3d) 343, 87 D.L.R. (4th) 65, (sub nom. Ash v. Lloyds Corp.) 6 O.R. (3d) 235
Ash v. Corp. of Lloyds, 1992 Carswell Ont 450, 7 C.P.C. (3d) 372, 95 D.L.R. (4th) 766, 9 O.R. (3d) 755 at 761, 60 O.A.C. 241 at 261(costs issues)
Ash v. Corp. of Lloyds, 1992 Carswell Ont 449, 7 C.P.C. (3d) 364, 94 D.L.R. (4th) 378, 9 O.R. (3d) 755, 60 O.A.C. 241 (rescission, fraud, forum selection issues)
Ash v. Corp. of Lloyds, [1992] O.J. No. 3986
Royal Bank v. Bell, 1998 Carswell N.B. 431, N.B. Ct. of Q.B., 1998 (bank seeking summary judgment for letters of credit issued as security for Lloyds underwriting)
Society of Lloyd's v. Berezowski, Crockett v. Corp. of Lloyds, 2000 A.C.W.S.J. 512251, 100 A.C.W.S.(3d) 569 (P.E.I.Sup. Ct. Trial Div. 2000) (refusal of stay)
same, from CANLII server
Royal Bank of Canada v. Darlington, Ont. Ct. of J., Gen. Div., Apr. 19, 1995, 1995 ACWSJ 77120; 54 A.C.W.S.(3d) 738
Royal Bank of Canada v. Darlington, Ont. Ct. of J., Gen. Div., Feb. 16, 1994, (1994) 112 D.L.R. (4th) 210; 1994 ACWSJ 16828; 45 A.C.W.S. 3d 890 (same case; motion for production of documents; question of professional privilege)
Royal Bank of Canada v. Darlington, [1995] O.J. No. 1044
Drummie v. Society of Lloyds, 94 A.C.W.S.(3d) 472 (N.B. Ct. App. 2000) (forum non conveniens)
same, from CANLII server
In re Drummie (Q.B.N.B., Bankruptcy, Oct. 7, 2002)
from CANLII server
Royal Bank of Canada v. Drummie (Q.B.N.B. Bankruptcy, July 25, 2002)
from CANLII server
In re Hefler (Bankruptcy, Nova Scotia, May 7, 1997) (allowance of Lloyds claim in bankrupcy without reduction for R&R settlement offer, unpaid by debtor or trustee; no asset case; 75-year-old debtor another obviously inappropriate candidate for investment in Lloyds), Drummie (Re), [2002] A.N.-B. no 328 (French version)
Society of Lloyd's c. , In re McDonough, 2001 A.C.W.S.J. 614276, 107 A.C.W.S.(3de) 363 (Ont. Super. Ct. Bankr. 2001) (debtor required to answer questions regarding his financial dealings occurring more than 5 years prior to bankruptcy)
Society of Lloyds v. McNeill, P.E.I. Trial Div. in chambers, 2003 Carswell P.E.I. 121, 2003 PESCTD 88, 233 Nfld. & P.E.I.R. 37, 693 A.P.R. 37, Nov. 7, 2003
same, 2003 Carswell P.E.I. 103, 2003 PESCTD 76, 230 Nfld. & P.E.I.R. 54, 682 A.P.R. 54, PEI SC (in chambers), Sept. 24, 2003
Society of Lloyds v. McNeill, [2003] P.E.I.J. No. 97
Society of Lloyds v. Meinzer (Ct. App. Ont., Aug 29, 2001) (reciprocal enforcement of judgments; denial of natural justice)
same, from CANLII server
same case, ruling on costs, from CANLII server
Society of Lloyds c/ Minkoff, Greffe de Montréal, 25 juin 2004, Aff. no. 500-09-014284-046 (enforcement of English judgment, opinion in French)
same, Cour supérieure du Québec, Feb. 5, 2004 (in English), 2004 Carswell Que. 324
another copy, Feb. 5, 2004
same, Cour supérieure du Québec, Nov. 26, 2003 (in French), 2003 Carswell Que. 3157
another copy, Nov. 27, 2003
Bank of Montreal v. Mitchell, 143 D.L.R. (4th) 697 (Ont. Ct. Gen. Div., Feb. 19, 1997) (Bank of Montreal paid letters of credit in favor of Lloyds following suit in English court; banks granted judgment against Canadian Lloyds investors for reimbursement)
same, Acrobat PDF format
Bank of Montreal v. Mitchell, [1997] O.J. No. 602
Morrison v. Society of Lloyds, 1999 ACWSJ LEXIS 11080; 1999 ACWSJ 18279; 85 A.C.W.S. 3d 43; [2000] I.L.Pr. 92 (N.B. Q.B. Jan. 11, 1999) (forum non conveniens), Morrison c. Society of Lloyds, [1999] A.N.-B. no 2 (another copy, in French)
Society of Lloyds v. Philip, Ct. App. Ontario, Apr. 11, 2003 (denial of adjournment to prepare evidence)
from CANLII server
same, 2002 Carswell On.t 5090; Ontario Superior Court of Justice; October 1, 2002
In re Regan, 2001 A.C.W.S.J. 612023, 105 A.C.W.S.(3d) 14 (N.B. Q.B. Bankr., Apr. 24, 2001) (Lloyds motion to deny debtors discharge denied despite transfer of marital home)
In re Regan, 2002 A.C.W.S.J. 690723, 109 A.C.W.S.(3d) 685 (N.B.Q.B. Trial Div., Nov. 13, 2001) (Lloyds entitled to all documents held by debtors accountants)
same, from CANLII server, 2001 NBQB 2002. Regan (Re), [2001] A.N.-B. no 166 (another copy, in French)
Rozsa v. A.C.W.S.(3d) 1046, 2001 Carswell Ont. 1438 (refusal of stay; forum non conveniens)
Society of Lloyds v. Saunders, Ont. Super. Ct. of Justice, Feb. 9, 2000 (enforcement of English judgment)
Society of Lloyds v. Saunders, 55 O.R.(3d) 688, 210 D.L.R.(4th) 519 (Ct. App. Ont. 2001), affirmed on appeal, Ont. Ct. App., Aug. 21, 2001
same, Acrobat PDF format
CLI summary of case
Society of Lloyds v. Saunders, [2000] O.J. No. 692
Society of Lloyd's v. Saunders, [2001] O.J. No. 5144
Society of Lloyds v. Smith, 2004 Carswell Ont. 3423 (Ontario Master, Aug. 2004) (question of interim injunction relating to policies issues by defendant purporting to bind Lloyds)
Society of Lloyds v. Van Snick, 95 A.C.W.S.(3d) 846 (N.S. Sup. Ct. 2000) (reciprocal enforcement of judgments)
same, from CANLII server
CLI summary of case
Society of Lloyds v. Van Snick, 98 A.C.W.S.(3d) 77 (N.S. Ct. App. 2000) (same case in Court of Appeal)
Bank of Nova Scotia v. VanSnick, Nova Scotia Court of Appeal, May 19, 1998, C.A.143488 (letter of credit issues)
Bank of Nova Scotia v. Vansnick, [1997] N.S.J. No. 548 [1997] N.S.J. No. 548 (application to dismiss an action for want of prosecution)
Society of Lloyd's v. Van Snick, [2000] N.S.J. No. 213
Letter to Congressman Pease, Aug. 5, 1991
SEC brief amicus curiae in Richards case
Bearcave archived articles:
WSJ, Mar. 28, 1996
WSJ, May 8, 1996
WSJ, Aug. 13, 1996
WSJ, Aug. 28, 1996
NOTE: Researchers and lawyers addressing SEC matters may wish to check the SEC computer files in Washington and examine Lloyds managing agents Regulation D submissions beginning around 1987: they were trivially, carelessly, erroneously and fraudulently completed and submitted, but no court has been asked to address the issue, and the SEC itself (evidently for political reasons) has declined to do so on its own initiative. We believe that the submissions were an afterthought by LeBoeuf Lamb to try to avoid (as in the end they successfully did) securities fraud claims.
Table of Equitas court cases in the USA with links to available opinions
We are thrilled that Equitas visits our site — repeatedly and, indeed, watches us watching them! — And see, similarly, the visit of Aug. 22 of the FSA. (We do not record visits unless we happen to see a visit by Lloyds or a governmental department, but Statcounter maintains a rolling record of the last 100 page downloads from our site, which then scroll off. Since we rarely hear from visitors, this is our only way of knowing which pages are popular and useful and of spotting possible broken links. There are many silent lurkers: we have found, for example, that every time a page of ours is linked by Namesline.com or exlloydsnames.com we get as many as three dozen hits to that page from the link in the next 24 hours.)
Evening Standard article on Equitas results (June 8, 2004)
archived copy
A Washington DC law firms analysis of the Equitas report
same, from firms server, in PDF format (may be a later version than our archived copy)
Lawyer Kevin Coluccios ASBESTOS LAW BLOG (occasional comments on Equitas)
An (apparently experimental) MESOTHELIOMA legal assets page
Dispute Resolution Management, Inc.: Insolvent Carriers
archived copy
Hampden Private Capital handout: Equitas reinsured Names
See Browning Ferris, Malone and Union Pacific cases, at right (yellow list)
Equitas is also mentioned in the Ashenden, McMurray estate and Turner (U.S. federal) cases. From our standpoint, the key issue is the courts affirmation of Lloyds contractual right to impose Equitas (or any other reinsurance) premiums upon unwilling, dissenting and resigned Lloyds investors and to sue for that premium. Only those Names whose future liability to Lloyds was canceled by bankruptcy or death (in most US jurisdictions and many foreign ones, estates and heirs cease to be liable for debts of a decedent not claimed in the probate after 6-12 months (but see the McMurray Estate case (actually a situation where a poorly-drafted trust defeated the Names intent of protecting his heirs from Lloyds) and the Blackwell case, which included estates and heirs (presumably on the basis of transferee liability or possibly fraudulent transfers, in either case under California law).
[U]ncertainty over long-term reserve development at Equitas remains a negative rating factor [for Lloyds]. Guy Carpenter, The Lloyds Market in 2003, p. 6 (archived)
(Also: Guy Carpenter 2004 report on Lloyds)
EQUITAS reinsurance and run-off contract, dated 3 Sept. 1996 (iv + 133 pp.)
Contract,scanned & captured (RTF, 320 kb) pp. i-33 & 55-133 - Syndicate schedule (PDF, 6.6 mb)
John M. Sylvester & Stephen M. Goldman, PLI: Suing Equitas On A Lloyds Policy: Lifting The London Fog (1999)
Insurance Journal, June 13, 2003: Equitas reports fiscal year results
Halliburton press release, Jan. 28, 2004 on settlement with Equitas over asbestos liability
Society of Lloyds v. Levy & Johnson, [2004] EWHC 1860 (Comm.), [2004] All E.R. (D) 566 Jul. (Equitas premium and European law issues)
The Times, June 9, 2004: US asbestos settlement may fail, dooming Equitas expectations
Financial Times, Nov. 9, 2004: Will Equitas come back to haunt the big companies?
Independent on Sunday, Jan. 23, 2005: Equitas fears bankruptcy over $140 billion US asbestosis settlement
The Times, Mar. 29, 2005: Equitas in £222m pact on Babcock asbestos liability
Euromoney Institutional Investor, Mar. 30, 2005: Names question asbestos liability estimate
National Underwriter, Apr. 19, 2005: Equitas: Asbestos Bills A Bum Deal For Us
Evening Standard, Apr. 22, 2005: Lloyds to battle US asbestos blow
IRS Memo 200036045: tax lien attaches to income interest in spendthrift trust
Jay Adkissons fradulent transfer and asset protection sites (include cases and materials, and warnings against charlatans and fraudsters)
Our Bankruptcy and Fraudulent Conveyance page – cases and materials
Morganrogh & Morganroth v. Norris, McLaughlin & Marcus, P.C., 331 F.3d 406 (3d Cir. (N.J.) 2002) (Delorean case; statute of limitations runs only from date of judgment: CA & NJ rule)
SASCO 1997 NI, LLC v. Zudkewich, 767 A.2d 469 (N.J. 2001) (New Jersey)
Cortez v. Vogt, 52 Cal.App.4th 917 (4th Dist. 1997) (California SOL)
Mejia v. Reed, 97 Cal. App. 4th 277 (6th Dist. 2002) (California SOL)
Levy v. Markal Sales Corp., 724 N.E.2d 1008 (Ill. 2000) (Illinois)
Society of Lloyds v. Estate of McMurray, 274 F.3d 1133 (7th Cir. (Ill.) 2001) (Illinois)
Selected English cases on foreign assets and trusts (discussed in the literature, much of which can be found online; they are included here to show the complexity of establishing, and even more so when trying to unwind, a trust, especially one with a foreign connection):
R. v. Dimsey, [2000] Q.B. 744 (shadow director of offshore company held liable for tax)
Lord Chetwode v. Inland Revenue Commrs, [1976] 1 ALL ER 641, [1976] 1 WLR 310 (transfer or assets abroad for tax avoidance)
Gibbon v. Mitchell, [1990] 1 W.L.R. 1304 (deed of trust set aside for mistake)
In re Tucker, [2000] B.P.I.R. 876 (Jersey) (promoter of Rossminster Group tax avoidance scheme made bankrupt in England; Jersey assets seized by English receiver)
Green v. Cobham, [2002] S.T.C. 820 (CGT, nonresident trust; retirement of trustee from practice as solicitor, rendering trust subject to UK capital gains tax; reformation allowed)
Abacus Trust Company (Isle of Man) Ltd and another v National Society for the Prevention of Cruelty to Children, [2001] STC 1344 (trustees must have regard to fiscal consequences of their decisions)
Amp (UK) Ltd plc v Barker and others, [2001] W.T.L.R. 1237 (mistaken amendment of pension plan)
United States v. Estate Preservation Servcies, 202 F.3d 1093 (9th Cir. 2000) (injunction against sale of asset protection trusts for (US) tax evasion purposes)
Marc M. Harris et Cie. v. Marchant, USDC, SD Fla, 1999: offshore fraud, libel case
Re the petition of John William McLean, (1998/98) 1 O.F.L.R. 818 (tax bankruptcy of William Basil McCoy: Manx court honored Northern Irish court order)
DOMICILE ISSUES:
Forbes v. Forbes, (1854) Kay 341, 69 E.R. 145
Udy v. Udny, (1869) LR 1 Sc. & Div. 441 (H.L.)
Adams v. Smith (In re Estate of Jones), 192 Iowa 78, 182 N.W. 227 (1921)
NATIONALITY:
F.T. Piggott, The Ligeance of the King (1915)
Clive Parry, British Nationality Law and the History of Naturalisation (1954)
Theophile v. Solicitor General, [1950] A.C. 186 (absconded businessman has not ceased trading in England for purposes of jurisdictional provisions of bankruptcy law until all debts have been paid)
In re Tucker (a bankrupt), [1990] Ch. 148 (extraterritorial bankruptcy jurisdiction)
M. Paulsen & M. Sovern, Public Policy in the Conflict of Laws, 56 Colum. L. Rev. 969 (1956)
Orams v. Apostolides, [2006] EWHC 2226 (QB), [2006] All ER (D) 20 (Sep) (inapplicability of European law in Turkish Republic of Northern Cyprus, pending reunification of the Island. The case has been referred to the European Court of Justice for a ruling on points of European law.)
Kristine Padden, Casenote: Choice of Forum, Choice of Law, and Arbitration Clauses Override U.S. Security Rights: Riley v. Kingsley Underwriting Agencies, Inc., 6 Transnatl Law. 431 (1993)
Jennifer M. Eck, NOTES: Turning Back the Clock: A Judicial Return to Caveat Emptor for U.S. Investors in Foreign Markets, 19 N.C.J. Intl L. & Com. Reg 313 (1994) (RTF)
Ian Kelley, Note: Regulatory Crisis at Lloyids of London: Reform From Within, 18 Fordham Intl L.J. 1924 (1995)
another copy
John Goldring, Consumer Protection, the Nation-State, Law, Globalization, and Democracy, 2 J. Computer-Mediated Communication (Sept. 1996)
Darrell Hall, No Way Out: An Argument Against Permitting Parties to Opt Out of U.S. Securities Laws in International Transactions, 97 Colum L. Rev. 57 (1997)
David A. Fitzgerald, Allen v. Lloyds of London: A Comment on Forum Selection, 30 Conn. L. Rev. 257 (1997) (RTF)
Current Decisions, 64 Defense Counsel J. 623 (1997)
Comment: Richards v. Lloyds of London: The Ninth Circuit Denies Access to the Securities Laws to American Investors, 24 Bklyn. J. Intl L. 625
Jon A Jacobson, Other International Issues: Your Place or Mine: The Enforceability of Law/Forum Clauses in International Securities Contracts, 8 Duke J. Comp. & Intl L. 469 (1998) (RTF)
same, Duke Univ. server
Richard Garnett, Stay of Proceedings in Australia: A Clearly Inappropriate Test?, 23 Melb. U. L. Rev. 30 (1999) (RTF)
Melissa Coulombe Beauchesne, NOTES AND COMMENTS: Lloyds of London and Diversity Jurisdiction: Analyzing the Citizenship of a Unique Organization, 5 Roger Williams U. L. Rev. 217 (1999) (RTF)
Philip J. McConnaughay, Reviving the Public Law Taboo in International Conflict of Laws, 35 Stan, J. Intl Law 255 (1999)
Howard M. Tollin & Mark Deckman, Lloyds of London and the Problem with Federal Diversity Jurisdiction, 9 J. Transnatl L. & Policy 289 (2000)
Courtland H. Peterson, Choice of Law and Forum Clauses and the Recognition of Foreign Country JudgmentsRevisited Through the Lloyds of London Cases, (2000)
Lawrence Collins, Choice of Law and Choice of Jurisdiction in International J. Intl & Comp. L. 618 (2001) (RTF) (Lord Justice Collins is a Lord of Appeal in Ordinary in the House of Lords. He is co-author and general editor of Dicey, Morris & Collins on the Conflict of Laws)
John B. Haarlow & Hugh C. Griffin, Equitas Under English Law, 38 Tort Trial & Ins. Prac. L.J. 1 (2002) (RTF)
Erin Ann OHara, The Jurisprudence And Politics Of Forum-Selection Clauses, 3 Chi. J. Intl L. 301 (2002) (RTF)
Xiang Gao & Ross P. Buckley, A Comparative Analysis of the Standard of Fraud Required Under the Fraud Rule in Letter of Credit Law, (2003) Oxford U Comparative L Forum 3
Genevieve Saumier, Whats in a Name? International Comity and Public Policy, 37 Can. Bus. L.J. 418 (2002)
Jacobson v. Frachon, 138 Law Times Rep. 386 (Ct. App. Nov. 23, 1927) (even fraud, if it could have been addressed by a foreign court, will not prevent enforcement in England of a foreign judgment)
Re: A Firm of Solicitors (Practice Direction), [1992] 2 Q.B. 959. [1992] 2 W.L.R. 809, [1992] 1 All E.R. 353 (C.A., 24 May 1991) (conflict of interest, duty of confidentiality, Howden, Sphere Drake, Lloyds syndicates) Compare proposal for Chinese wall with US conflict of interest rules.
Allendale Mutual Life Ins. Co. v. Excess Ins. Co. Ltd., 970 F.Supp. 265 (Jul. 8, 1997) - 992 F.Supp. 271 (Aug. 19, 1997) - 992 F.Supp. 278 (Feb. 3, 1998) (finding defendants breached forum selection clause by bringing suit in England; but plaintiffs breached duty of utmost good faith by failing to reveal results of survey report; refusal by court to reconfigure case to allow federal diversity jurisdiction)
Agnew v. LANSFORASKRINGSBOLAGENS A.B., House of Lords, [2000] UKHL 7, [2000] 1 All ER 737 (17 Feb. 2000) (EU Insurance Directive inapplicable to reinsurance)
same, from BAILII server (HTML)
Aneco Reinsurance Underwriting Limited v Johnson & Higgins Limited, H.L., Oct. 18, 2001, [2001] UKHL 51 (HTML, Stationery Office server)
ANECO Reinsurance Underwriting Ltd (in liquidation) v. Johnson & Higgins Ltd, [1998] 1 Lloyds Rep. 565 (Ct. App. 1997)
ANECO v. Johnson & Higgins, Ct. App. 30 July 1999, same case [1999] EWCA Civ 2035
same, from BAILII server
Baker (Syndicate 126 at Lloyds in 1982) v. Lombard Continental, Ct. App. 24 Jan. 1997
Lawtel summary
Boghos v. Certain U/W at Lloyds of London, 109 Cal.App.4th 1728 (6th App. Dist 2003) (disability policy; non-enforcement of arbitration provision in policy)
COMMENT: Trial Lawyers for Public Justice
Carvill v. Inland Revenue Commissioners, [2000] STC (SCD) 143 (taxation matter, treaty excess of loss reinsurance)
Chagos Islanders v. Attorney General & British Indian Ocean Territory Commr, [2001] Q.B. 1067, [2003] EWHC 2222 (QB) (9 Oct. 2003) (Discusses problem of attributing dishonesty of individuals to a corporate body, citing Jaffray v. Society of Lloyds, [2002] EWCA Civ 1101.)
same, from court server
Corfield v. Dallas Glen Hills LP, 355 F.3d 853; 2003 U.S. App. LEXIS 2632 (5th Cir. 2003) (Diversity jurisdiction)
Transit Cas. Co. (in receivership) v. Certain U/W at Lloyds of London, Cole Co., Mo., Case CV595-2CC, Magistrate Judges report and recommendations (1998)
Curiale v. DR Insurance Company (S.Ct. N.Y. County 1992) (reinsurance issues)
D P Mann & Ors v. Coutts & Co (Q.B.D., Comml Ct., 16 Sept. 2003 Telegraph Law Rep. 25 Sept. 2003 (claimants failure properly to investigate whether HMU was operating a client account was unreasonable and broke the chain of causation)
Full text , 65 pp. scanned & captured from Courts draft (RTF)
DeLeon v. Lloyds London, 259 F.3d 344 (5th Cir. 2001) (life insurance case; workers compensation; well-known tax scheme whereby employers take out life policies on low-paid staff from which staff do not benefit)
Dresser Ind., Inc. v. Underwriters at Lloyds, 106 S.W.3d 767 (C.A. 6th, Tex. 2003) (RTF) (asbestos, question of exhaustion of coverage and status of underlying claims)
E.R. Squibb & Sons, Inc. v. Lloyds & Companies, 241 F.3d 154 (2d Cir. 2001)
E. R Squibb & Sons, Inc. v. Accident & Casualty Ins. Co., 160 F.3d 925 (2d Cir. 1998)
(RTF) (DES liability cases; issue of Lloyds syndicates as entities with legal personality; alienage jurisdiction of US District Court satisfied by representatiave defendant, lead underwriter of Lloyds syndicate)
160 F.3d 925, from Touro server
F v. F (Duxbury Calculation: Rate of Return), [1996] 1 F.L.R. 833, [1996] Fam. Law 467 (divorce, property separation considering unquantifed liability for Lloyds losses)
Feasey v. Sun Life Ass. Co., [2003] EWCA Civ 885, [2003] 2 All ER (Comm) 587 (Ct. App. 26 June 2003) (insurable interest found in matter of protection and indemnity club)
Lawtel summary
Another version, Court of Appeal, Feasey v Sun Life Assurance Company of Canada, [2003] 2 All ER (Comm) 587 (C.A.)
Court below, Feasey v Sun Life Assurance Company of Canada, [2002] All ER (D) 280 (May) (Q.B.D. Comml Court)
In re Insurance Antitrust Litigation, 938 F.2d 919 (9th Cir. 1991) (RTF) (brokers boycotting general liability insurers which used nonconforming forms)
J. Barber & Sons v. Lloyds Underwriters, [1987] Q.B. 104 (letters rogatory on behalf of plaintiffs in a California case)
Society of Lloyds v. Kitsons Environmental Services Ltd., 41 Con.L. Rep. 20, 67 Build. L. Rep. 102 (Q.B.D. Off. Referee 27 May 1994) (RTF) Lloyds sues asbestos removal contractor over work at 51 Lime Street)
Inland Revenue Commrs v. Laurence Philipps & Co. (Insurance) Ltd., [1947] All E.R. 144, 177 LP.T. 607, 80 Lloyds L. Rep. 549, 26 A.T.C. 161, 49 R.&I.T. 389 (K.B.D. 1947) (excess profits tax and Llolyds investor issues)
Lindner Fund, Inc. v. Polly Peck Intl Plc, 811 F.Supp. 133 (S.D.N.Y. 1992) (forum non conveniens judgment in securities fraud claim)
London Market Insurers v. Superior Court 146 Cal.App.4th 648, 53 Cal.Rptr.3d 154 (Cal.App. 2 Dist., 2007). (Kaiser Cement & Gypsum case, issue is whether each asbestos injury constitutes a separate incident for policy coverage)
Society of Lloyds v. Lost in Space S.A., WIPO arbitral decision D2002-0550, Aug. 2, 2002 (domain name lloydslondon.com offered to Lloyds for $2,500 in default of which used to advertise and sell pornography)
Luce v. Lloyds of London, 868 F.Supp. 625 (D.Vt. 1994) (removal to federal court refused; out of time)
McAleer v. Underwriters at Lloyds, 1996 Mass. Super. LEXIS 350 (Norfolk, 1996) (Lloyds policy; venue selection clause enforced; case dismissed)
Society of Lloyds v. Padway Holdings Ltd., Ct. App. Civ. Div. 27 Apr. 1988 (Lloyds claim under brokers guarantee)
Re Pan Atlantic Insurance Co Ltd, Ch.D. 22 July 2003, [2003] EWHC 1696 Ch. (PDF), WestlawUK/Electronic Telegraph 2 Oct. 2003 Best exit route for creditors of insurance company was scheme of arrangement rather than compulsory winding up; held consistent with ECHR Art. 6 and Human Rights Act 1998)
Lawtel summary
Point Owoods Assn. v. Those U/W at Lloyds, Sup. Ct., N.Y. Law J., Mar. 4, 1999 (Lloyds excess policy; question of NY law on material misrepresentation)
Reider v. Arthur Andersen, LLP, 47 Conn. Supp. 202, 784 A.2d 464 (Super. Ct. 2001) (potential liability of auditors for insolvency of insurance company)
Saunders v. Lloyds of London, 113 Wn.2d 330, 779 P.2d 249 (1989) (sufficiency of evidence)
Scheiner v. Wallace (Lloyds U/W), 832 F.Supp. 687 (S.D.N.Y. 1993) (RTF) (apparent insurance fraud; forum selection issues)
Hong Kong and Shanghai Banking Corp. v. Simon (In re Simon), 153 F.3d 991 (9th Cir. 1998) (foreign creditor with foreign-based claim sanctioned for violation of US bankruptcy discharge; within the limits of the holding in the case (the creditor bank had filed a proof of claim in the bankruptcy) this principle would impede or prevent Lloyds from proceeding anywhere against a Lloyds investor who had been discharged in a US bankruptcy. The holding of the 9th Circuit is consistent with the English common law, whereby a discharge bars action to collect a debt if (a) the dischaerge is granted in the jurisdiction whose law is also the proper law of the debt or claim, or (b) the creditor appeared, or filed a proof of debt (claim) in the bankruptcy proceeding.) See the Brady case, below.
Syndicate 1242 at Lloyds v. Morgan Reed & Sharman Ltd., [2001] EWHC 499 (Comm) (RFT)
from BAILII server
T&N Ltd. (in administration) v. Royal and Sun Alliance, [2003] EWHC 1016 (Ch.) (Federal Mogul Group asbestos issues involving Lloyds reisnsurance) (HTML from BAILII server)
Taher v. Towey (Ct. App. Civ. Div. 18 Mar. 1999) (question of transfer of acdtion from QBD to Ch.D. underlying issue is receivership of defendants property under Lloyds brokers security and trust deed; Mareva injunction)
Lloyds Syndicate 609 v. United States of America, 780 F.Supp. 998 (ASCII) (S.D.N.Y. 1991) (sovereign immunity for loss of aircraft in military action)
Lloyds London v. The Narrows, L & L Enterprises (1/29/93), 846 P 2d 118 (Alaska 1993) (Alaska restaurant – denial of coverage case; reversal and remand of judgment for insured)
Booker ex rel. Certain U/W at Lloyds v. Pettey, 770 So.2d 39 (Miss. 2000) (RTF) (question of fact relating to cancelation of cover)
another copy
Lloyds Syndicate 609 v. United States, 780 F.Supp. 998 (S.D.N.Y. 1991) (RTF) (sovereign immunity)
Barclays Plc v. Villers, [2000] EWHC Comm. 197 (25 Jan. 2000) (RTF) (Barclays de Zoete Wedd claims involving Equitas and the Lloyds settlement)
from BAILII server
Healy v. Corp. of Lloyds, [2004] EWCA Civ 262 (Lloyds admitted failing to supply its employee health insurance to which she was entitled; issue of quantum of damages)
Rokeby-Johnson v. Kentucky Agric. Energy Corp., 108 A.D.2d 336, 489 N.Y.S.2d 69 (1st Dept. 1985) (ASCII) (action by Lloyds syndicates for rescission of policy; stay of NY action pending outcome of Calif. suit)
Tonicstar Limited v. American Home Ins. Co., 2004 EWHC 1234 (Comm.) (anti-suit injunction against New York litigation)
Owusu v. Jackson, ECJ judgment: Case C-281/02, Mar. 1, 2005; Ct. App. referral: 2002 EWCA(Civ) 877, [2003] PIQR 186 (C.A., June 19, 2002) (referral of the issue to the Luxembourg court) (forum non conveniens principle ineffective when jurisdiction is grounded in Brussels Convention (regulation) rules under circumstances where no other member state is involved; cf. In re Harrods (Buenos Aires) Ltd., [1992] Ch. 72 (C.A.).)
On judicial bias: Locabail (U.K.) Ltd. v. Bayfield Properties Ltd., [2000] Q.B. 451
On testimony by video-link: Polanski v. Condé Nast Publications Ltd., [2005] 1 W.L.R. 637
Small-business professional company, spousal dividend-income tax case: Jones v. Garnett (Arctic Systems) [2005] EWCA Civ 1553
Gray v. Derderian, 2005 WL 3338373 (U.S.D.C. D.R.I.) (Rhode Island nightclub fire, Feb. 20, 2003; Lloyds does not conduct any insurance business; Lloyds policies had covered the premises at various times prior to 2003. Held: Lloyds owes no duty to Plaintiffs, cannot be liable for failure to inspect premises for fire safety)
A.W. Chesterton Company v. Massachusetts Insurers Insolvency Fund, 445 Mass. 502 (2005) (Asbestos - state insurance indemnity fund case)
European Parliament Draft Report on Lloyds and UK compliance with Third Insurance Directive
another copy
European Parliament Committee on Petitions: Commr Bolkestein on action against UK authorities, Jan. 22, 2002
archived copy
SEC letter of June 14, 1991 acknowledging preliminary investigation into status of Lloyds investements under American securities laws
Clifton-Bligh v. Commr, T.C. Memo. 2003-44 (insufficiency of proof of Lloyds and other losses claimed)
Snell v. Commr, T.C. Memo. 1979-141 (disallowance of deduction for fees and expenses of joining Lloyds similarly: Harman v. Commr, 72 T.C. 362 (RTF) (NYSE seat))
More v. Commr, 115 T.C. 125 (2000) (portfolio capital gains cannot be offset by Lloyds underwriting passive activity losses)
Society of Lloyds v. Price ; Society of Lloyds v Lee (327/05) [2006] ZASCA 88; [2006] SCA 87 (RSA) (1 June 2006)
Commonwealth Bank v. White, ex p. Lloyds, [1999] V.S.C. 27 (26 Feb. 1999) (refusal to enforce forum selection clause)
same, from AUSTLII server
(see also anti- suit injunction cases, English QBD, grey section, above right)
Commonwealth Bank v. White, ex p.Lloyds, (No.2) [1999] VSC 262 (8, 9, 10, 16 June 1999)
Commonwealth Bank v. White, ex p.Lloyds, (No.2) [1999] VSC 400 (22 Oct. 1999)
same, from AUSTLII server
Commonwealth Bank v. White, ex p. Lloyds, [1999] V.R. 681
Commonwealth Bank v. White, ex p. Lloyds, M101/1999 transcript (11 Feb. 2000)
same, from AUSTLII server
Commonwealth Bank of Australia v White & Anor (No 3), [2000] VSC 259 (20 June 2000) (RTF)
same, from AUSTLII server (HTML)
Commonwealth Bank of Australia v White (No 4), [2001] VSC 511 (21 December 2001)
same, from AUSTLII server
Commonwealth Bank of Australia v White & Anor (No 6) [2003] VSC 90 (11 April 2003)
same, from AUSTLII server
Commonwealth Bank of Australia v White & Anor (No 5), [2002] VSC 566 (RTF) (13 December 2002)
same, from AUSTLII server (HTML).\
Society of Lloyds v. Hyslop, [1993] 3 N.Z.L.R. 135 (Ct. App. Wellington 1993) (suit by Lloyds investor seeking cancellation of agreements with Lloyds her members agent and Barclays Bank dismissed)
Dick (Trustee in bankruptcy) v. McIntosh, [2001] F.C.A. 1008 (Federal Ct. Austr., Queesland 2001) (English sequestation order; Australian real property; order of co-operation granted)
same, from AUSTLII server
Federal Court of Australia, New South Wales Registry, 3 (P)NSD1307/2004 Society of Lloyds v Marich, Oct. 11, 2004 (no judgment published, or yet published)
Re Mills (Debtor); Ex parte Lloyds v. Prentice, BC 9701153 (Fed. Ct. Australia, Gen. Div., Bankr. Dist. 1997) (unreported) (composition set aside; assets sequestered on application by Lloyds)
same, from AUSTLII server
same, archived AUSTLII Web page image (PDF)
Williams v. Society of Lloyds, [1994] 1 V.R. 274 (Sup. Ct. Victoria, 1992) (forum non conveniens; Lloyds investors action against English defendants stayed)
Comment: John Goldring, Consumer Protection
Globalization (1996)
See Poole v. HM Treasury case, at right
(HTML) (large file, 777 pages)
same, RTF file LLOYDS ISSUES FORUM Onelimestreet.com & namesline.com The Wall Street Journal, 26 Sept. 2001: A.M. Best and Standard & Poors downgrade Lloyds to A-; any further downgrade will lead many brokers to stop doing business with Lloyds
archived copy
LLOYDS INFORMATION SERVICE (Patrick Moores site) WSJ Sept. 27, 2001: Lloyds of London Faces Record Loss: Attack Payouts May Total $1.91 Billion
archived copy
High Premium Group (formed in 1994 to represent the interests of ongoing Names in Lloyds of London}
HPG links to Lloyds-related Web sites (not updated, many links broken) WSJ July 12, 2002: These Days, Names at Lloyds Find Investing Can be Costly, Contentious
archived copy
Australian Financial Review: article on the European Commissions complaint Insurance Advocate, July 28, 2003, p. 38: A.M. Best announces revised debt rating methodology to provide summarizing data
David K. Mainwaring – draft speech for Sept. 12, 2002 Lloyds EGM in London (not delivered as written) The Age (Melbourne): on Australian Lloyds investors post-World Trade Center (Aug. 4, 2002)
Another aritcle, on the impact on Names of the WTC losses (July 19, 2002)
A scam that used Lloyds of Londons name in vain R. David Bowmans Ponzi scheme, Sacramento Business Journal, Jan. 13, 2003
Lloyds estimates £1.2bn losses from 9/11 attacks, The Times (London), Sept. 26, 2001
UK Financial Services Authority: Lloyds Sourcebook: Feedback on CP48 & CP66, March 2001
FSA, Society of Lloyds Supervision Arrangements for Underwriting Agents, Enforcement Co-operation Arrangements (49 pp.)
FSA, Dispute Resolution: Complaints – Lloyds The Times (London) Sept. 18, 2003: Head of Lloyds Warns of High Costs
archived version
Report: organized crime scam at Lloyds The Times (London) Sept. 29, 2001: Lloyds Demands Higher Levy From Its Syndicates
British & Irish Legal Information Institute (free case reports) FT: July 15, 2002: Lloyds Plan Reflects Shift From Names
Rep. Henry Hyde: U.S. investors in Lloyds of London deserve their day in United States court (Cong. Rec. Aug. 4, 1997) Forbes, July 12, 2002: Lloyds Faces the Void
another copy (ASCII)
Business Insurance, Jan. 22, 1996: Lloyds of London launches stricter regulations requiring executivs to pass as fit and proper indibiduals FSA Handbook: Dispute Resolution - Lloyds
American Academy of Actuaries Contingencies, Name Game: Trouble in the House of Lloyds, May-June 2001
archived copy New York Times, Nov. 3, 2002, Indiana Court Bars Lawyer For Criticizing An Opinion (conflict of interest on part of Indiana Supreme Court justice did not stop him from ruling in case)
archived copy
TEXT OF OPINIONS, In re Wilkins, 777 N.E.2d 714 (Ind. 2002) , 782 N.E.2d 985 (Ind. 2003) & 780 N.E.2d 842 (Ind. 2003) (HTML)
Daily Telegraph: Asbestos claims dust will take years to settle, 13 Sept. 2003 (history of the asbestos problem, and its implication for reinsurers) archived copy More on Lady Rona Delves Broughton : Sunday Times, July 15, 2002: Terror attack costs first lady of Lloyds £2 million
another copy (ASCII)
UK FSA, Response paper on Consultation Paper 16: The Future of Regulation at Lloyds, June 1999 The Times (London), Sept. 19, 2003: Insurer fears cash call backlash (Investors are increasingly aggravated by demands for cash from the general insurance industry)
archived copy
UK FSA, The Lloyds Sourcebook, Feeback on CP48 & CP66
TIME Europe Cover Story, by David McClintick, Feb. 28, 2000: The Decline and Fall of Lloyds of London
TIME document file: selected Lloyds documents TIME Europe - For Whom the Bell Tolls, Nov. 13, 2000Australian Insurance Laws Amendment Bill 1997 – comment & explanation
Stanford Law School – Securities Class Action Clearinghouse web site
Greenpeace article on Lloyds
another copy
Financial Services Authority: Regulation of Lloyds Underwriting Agents
FSA Consultation Paper No. 16: The Future Regulation of Lloyds, Nov. 1998
Article: Elborne Mitchell, A more corporate culture at Lloyds
Insurance Solutions newsletter file, Nov. 1997 – 2001
US National Association of Insurance Commissioners site
Lloyds of London 1998 Congressional lobbying reports
alternate site
The Economist, June 29, 2000: That sinking feeling - Does Lloyds of London have a future in its new incarnation as an exchange for insurance companies?
Louisiana State press releases on Lloyds
Insurance Journal: California: allegations about Quackenbush, former Insurance Commissioner who helped Lloyds
Lloyds consultation paper (franchisor-franchisee)
Canadian Supreme Court, Canadian statutes and other selected Canadian legal materials
Lloyds names estate application form
Findlaw article: Letter of credit litigation, by Hoguet, Newman & Regal
archived copy
Society of Actuaries: Future role of Lloyds of London
Insurance Journal: Abortive federal probe of Lloyds in California
Response to Parliamentary question, June 11, 1997: Mr. Cousins: To ask the President of the Board of Trade if she will review the decision of the last Government not to hold an independent judicial inquiry into the financial affairs of Lloyds of London.
Lyonette Louis-Jacques (University of Chicago Law Library) source list (links) on international securities regulation
Bestwire (A.M. Best), Nov. 21, 2001: Lloyds Says U.S. Closes Probe With No Charges (U.S. Attorneys Office for the Southern District of New York ends investigation into Lloyds U.S. activities)
Australian Securities & Investments Commission, Class Order CO-02/318 (conditional relief for Lloyds from certain investor protection provisions)
Names feud could wreck £230bn claim Names fighting among themselves over the European Union initiative) Mail on Sunday, 21 Sept. 2003 ( archived copy)
Institutional Investor-International Edition; Nov. 2002, Vol. 27 Issue 11, p 69: Reports that Lloyds Names have again blocked efforts as of November 2002, by Lloyds of London corporate members to force them to relinquish their unlimited liability status as underwriters and join corporate insurance pools, which may be less risky but also are potentially less lucrative
MEP Roy Perrys speech before the European Parliament on Lloyds, 25 Sept. 2003:
HTML format
RTF format
Further sources of free selected British case reports and data (such sites come and go; reliable databases are fee-based and include Justis (Law Reports), Butterworths (All England Reports and Lexis UK) and Westlaw UK.)
http://www.courtservice.gov.uk
http://www.swarb.co.uk
http://www.number7.demon.co.uk/hol/indexes/ind.htm
http://www.open.gov.uk
http://www.legalday.co.uk
The best (fee-based) citator and party-name directory for UK cases is:
http://www.lawtel.co.uk
Links for Supreme Court cases around the world:
http://www.globalcourts.com European Voice:
23 Sept. 2004: Lloyds back on Parliaments radar: The EP could still take legal action against the Commission for its role in the controversial Lloyds of London affair, an MEP said this week.
22 April 2004: Cox no to legal action over Lloyds
1 April 2004: BREAKING NEWS: Deputies opt for Lloyds court action
4 March 2004: European Parliament cools on Lloyds action
19 Feb. 2004: Hain wrote to British PM calling for Lloyds inquiry
16 Oct. 2003: Pascoe case brought in Court of First Instance against Commission
(The issues are whether the Commission was right to defer to Britain on past violations, and (of more general interest) whether the House of Lords refusal to refer under Art. 234 TEU (177 EC) and European law tolerating this, is a violation of fundamental Community rights. But see the Lyckeskog case, [2002] ECR I-4839).
18 Sept. 2003: Lloyds court case no bar to Parliament probe
24 July 2003: Euro Commission set to drop probe of Lloyds
19 June 2003: Cashman letter, claiming spurious calumny
12 June 12 2003: Earl of Stockton corrects Jaffray claims
5 June 2003: Benningfield dissects Harvey Pitt, Chuck Quackenbush
5 June 2003: UK envoy Sheinwald demeaning UK over Lloyds names
28 May 2003: Jaffray letter: Names welcome the 21 May decision to implement a full investigation
Barnes & Noble review of Betty Luessenhops book, Risky Business
Bearcave review of the book
Lloyds: A Follow-Up Review by U.S. State Insurance Regulators, Dec. 6, 1999 (MS Word format)
Bearcave review of Adam Raphaels book, Ultimate Risk
The Wall Street Journal, Nov. 17, 2003, The Master of Disaster is Trying to Avoid One
Daily Telegraph, Mar. 18, 2004: The Old Names may hear their death knell
Daily Telegraph, Mar. 23, 2004: Equitas £132m to settle US claims Richard Astors Web site law relating to Lloyds and Equitas) (includes links to some of his articles and blurbs on his books)
Reflections on legal challenges when practising Equitas law
A quick introduction to some current legal issues at Lloyds
Equitas under English law
Brief: Lloyds 101 (RTF)
2000 discussion of Lloyds potential losses from insuring EMF risks (greater than asbestos)
John B. Haarlow & Martin R. Baach, Equitas: Setting the Record Straight, 13 Mealeys Litigation Report: Insurance, Apr. 13, 1999
Sunday Times Oct. 19, 2003 articles:
A disgruntled City executive has unlocked one of the Square Miles most closely guarded secrets: the identities of the select millionaires who make up the Lloyds names.
Insider names the big Lloyds losers
Named: the secret Lloyds gambling set
Top names
And the leak of confidential information is under investigation by Lloyds
archived copy of Independent article
Financial Times articles:
Nov. 9, 2004: Will Equitas come back to haunt the big companies?
July 30, 2004: Buffett-backed Lloyds merger falters at first fence
July 14, 2004: Buffett invests in Lloyds insurer consolidation
Feb. 7, 2004: Legacy of fierce storms darkens future for Names
Jan. 9, 2004: Irish property group to buy Lloyds building
Jan. 9, 2004: Lloyds building to be sold to Irish group
Apr. 2, 2003: Lloyds takes reinsurers to arbitration
Daily Telegraph, Nov. 4, 2003: Top American analyst blasts underwriters
A brief suggestion regarding lost insurance policies relating to Lloyds cover
The Independent, 5 July 2004: Ten years after Lloyds of London scandal, investors face new threat of financial ruin
Guy Carpenter: The Lloyds Market in 2004
UK National Statistics, 2003: Investment by insurance companies, pension funds and trusts
Financial Regulatory Briefing list of Lloyds press releases (probably incomplete)
Henry Hydes remarks about entitlement to protection of investors in Lloyds of London securities, House of Representatives, July 31, 1997 Lloyds disciplinary proceedings: list, with verdicts, through 1990 (numerous subsequent cases can be found online, on Lloyds Web site. Lloyds will, in general. supply printed copies of decisions on request..
The Times (London), Dec. 27, 2004: Disastrous year for insurance companies
New York Times, Dec. 7, 2004: WTC towers insurers must pay for two separate losses, up to $2.2 billion
New dockets and pleadings from PACER (see purple section)
The Economist, Sept. 18, 2004, pp. 89-91: Special Report, Lloyds of London
New York Times, March 31, 2005: Insurer [AIG] Admits Bad Accounting in Several Deals [with General Re] (compare the time-and-distance policies Lloyds syndicates used in a similar way to create fake profits and justify bonuses for underwriters, with investors left to face losses in the future)
Francovich Follow-Up
Cases on State Liability for Breach of European Community Law
Dossier tracks the state of affairs regarding State liability for breach of Community law following the European Court of Justices landmark Francovich judgment . The site comprehensively monitors pending cases and discusses the decided ones by the ECJ. Selected judgments by the national courts of a number of EU Member States are covered. The development of a ius commune under 288 EC is discussed. There is also a comparative perspective in terms of EEA law, fundamental rights and private international law.
same, complete site as single PDF file (as of Sept. 2004, 95 pages; Web site may have later version)
Los Angeles Times: Union Carbide and potential horrendous new asbestos liability The Guardian, Barclays denies fleecing clients , Oct. 2, 2004: the point here is that by selling short collateralised debt obligations (derivatives) that were supposed to be low risk because they were diversified, in fact Barclays profited at the expense of its customers because the derivatives were actually high-risk due to incestuous recycling and secret deals. Just like Lloyds.
The New York Times, Oct. 15, 2004: Broker Accused of Rigging Bids for Insrance Financial Times, Oct. 23, 2004: Lloyds joins chorus seeking greater disclosure of commission arrangements
Struggle Against Financial Exploitation
Speech by Peggy Berton, President of CNA Global Resource Managers, Benchmarking & Restructuring Claims Services (undated)
from GRMCNA server Kathleen Patchell, Study Report on Possible Amendment of the Uniform Foreign Money-Judgments Recognition Act (June 25, 2003) (mentions Lloyds enforcement of judgment cases)
The Times, Nov. 2, 2004: Britain to face £220bn bill for asbestos claims UK Financial Services Authority, Supervision Arrangements for Lloyds Underwriting Agents, Enforcement Co-operation Arrangements under the Financial Services and Markets Act 2000
Time and Distance Policies: Back in the headlines, and this time its Berkshire Hathaway. Financial Times, Dec. 30, 2004: SEC widens insurance probe (loans disguised as insurance policies to manipulate profits, exactly what happened at Lloyds in the 80s and 90s.
compare the AIG/General Re brouhaha (NY Times, Mar. 31, 2005)
And see a Pravda English Forum discussion The Independent, July 5, 2004: Ten years after Lloyds of London scandal, investors face new threat of financial ruin
archived version
Lexis-Nexis version
David H.K. Mainwarings petition to the European Parliament (RTF) Law.com/Miami Daily Business Review, July 2, 2004: Lloyds syndicates suing own lawyers for malpractice
WSJ on prospects for individual Chapter 11 bankruptcy filings under the revised Bankrupty Code (which will make Chapter 7 & 13 filings impossible for most Lloyds investors (Ch. 7 because of the means test; Ch. 13 because of the Sec. 109 debt limitation).
JTW Reinsurance Consultants research papers
James Hall, The Sinking of Lloyds of London (Public Commentary, March 2005) Reliance Insurance Company (Penna.) liquidation: documents (Web site)
On Harvey Pitt and Lloyds (2002) Freshfields: Insolvency Regime for the Lloyds Market (PDF)
On Peter Levene: Investment & securities fraud S.I. 1990 No. 2524: The Lloyds Underwriters (Schedule 19A to the Income and Corporation Taxes Act 1988) Regulations 1990
The Independent, Apr. 23, 2005: On pro-se litigation and how to do it Insurance Journal, Apr. 7, 2005: S&P Sees No Change in Lloyds Ratings
Did the UK Government orchestrate the rape of the Names at Lloyds?: The Daily Telegraph on the scamming of the grannies who owned Railtrack shares Income and Corporation Taxes Act 1988 ( United Kingdom income tax law , as amended to April 1, 2005) (HTML, in 10 sections)
same, at HMSO site
Taxation and Chargeable Gains Act 1992 (as amended to 15 April 2005) (large HTML file: 537 A4 pages, 4.7 mb)
ERisk: Case Study, Lloyds of Londons expansion into the U.S. market color="red" European Union legislation in force: Insurance color="black" See especially: Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings
Lloyds Premiums Trust Deed color="black" The Observer, Sept. 4, 2005, color="red" Insurers face $40bn claims after Katrina
Daily Telegraph, Sept. 5, 2005, color="red" Katrinas trail of destruction spiralling towards $100bn
Los Angeles Times, Sept. 11, 2005, color="red" Katrina May Cost U.S. as Much as Two Wars The Wall Street Journal, Sept. 12, 2005, Claims to Property Insurers Could Be as Much as $60 Billion; S&P
cited commercial insurers, including Lloyds of London. Some commercial insurers are exposed through their sales of business-interruption policies, which cover certain expenses and lost profits of businesses.
Lloyds also is a big insurer of offshore energy installations.
The Wall Street Journal, Sept. 15, 2005, Lloyds Estimates Its Katrina Costs At $2.55 Billion
The Washington Post, Sept. 12, 2005, Claims Mark Recoverys Beginning But Deciding How Much Damage Is Attributable to Floods May Get Tricky The Independent on Sunday, Oct. 2, 2005, Lloyds Names says UK government will cause 20,000 bankruptcies
Pete Orr Insurance Anti-Fraud Act Media release
Text of statutes (unofficial site; for official version, go to Florida Legislature site Statutory Instrument 2005-1998 Insurers (Reorganisation and Winding Up) (Lloyds) Regulations 2005
Parliamentary comments
Text of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings
Text of ECJ judgment of Nov. 18, 2004 in case C-164/04, Commission v. United Kingdom
Ian Hay Davison, A View of the Room (1987) Fraud Advisory Panel Web site with links, designed to provide you with up-to-date information about the Panel and fraud in the United Kingdom
FT, Feb. 25, 2006: No such thing as rest in peace for Lloyds Names on the purported liability of estates and heirs to claims of Lloyds policyholders after Equitas reserves are exhausted Financial Times articles, Oct. 21, 2006, on Warren Buffetts proposed deal over Equitas
Text of Warren Buffett Interview
Omaha World-Herald, May 5, 2007, Berkshires ties to Lloyds grow
Lloyd's List, May 7, 2007, Insurance Group campaigns for ex-Lloyd_s names and nuclear plants
Financial Times, Feb. 3, 2007, Lloyd's of London regains its luster
Financial Times, Nov. 9, 2006, High Court rejects £ 1bn Lloyd's claim
Madison County Record, Aug. 3, 2005, After $140 billion is gone asbestos will come right back to state courts, say Democrats
Alex Brummer, Daily Mail, Mar. 30, 2007, Lloyds bonanza follows Katrina
Katherine M. Skiba, Milwaukee Journal Sentinel, May 20, 2007, Many state lawmakers are in the millionaires club: Filings offer peek into finances of Wisconsins congressional delegation (House Republican Tom Petri of Fond du Lac reported holdings of more than $8.1 million. That counts a $350,000 partnership in Lloyds of London insurance underwriters.)
Andrew Foxwell, Mail on Sunday, Apr. 22, 2007, Names in new legal bid to get cash back UNO case, hearing on June 6, 2007
Ben Hall, Financial Times, Aug. 20, 2007, Fraud victims ignored by government, says study (reprise of the abandonment of Lloyds victims by governments
Michael Lewis, New York Times Magazine, Aug. 26, 2007, In Natures Casino (note the articles comment about the quitupling of insurance rates after Hurricane Andrewone can only assume that Lloyds insiders seized those profits for themselves, through churning: fees and commissions)
Turcan Connell (English law firm) Memorandum on estates of deceased Names (PDF)
Lloyds List, Oct. 23, 2007, Lloyd's seeks court gag on former name
Anita Raghavan, The Wall Street Journal, Dec. 27, 2007, A Legal Battle Against Lloyds_Gives Rare View (Issue raised in Tropp case (U.S. enforcement of judgment case) is U.K. parliamentary intent in passage of the Lloyds Act 1982)
Karen Richardson et al., Jury Convicts Five of Fraud In Gen Re, AIG Case The Wall Street Journal, Feb. 26, 2008, – Fraudulent reinsurance scam: an echo of Lloyds, but by comparison the British Government has rarely mounted successful white-collar crime prosecutions. See also the Natwest Three cases.
Yvette Essen, Lloyds Names assured about their liabilities, Daily Telegraph, Mar. 22, 2008
Maggie Urry, Lloyds braces itself for downturn, Financial Times, Apr. 3, 2008
Nick Mathiason, Londons link to Burmese junta revealed Lloyds insurers underwrite military dictatorship's aircraft and shipping, claims new campaign Observer, July 27, 2008
Richard Kay, Jaffrays Seeds of Happiness, Daily Mail, Sept. 5, 2008, (As baronet Sir William Jaffray looks set to end his long-running Names battle with insurance behemoth Lloyds of London, he has more good news. He has announced the engagement of his only daughter ...)
UK High Court Issues Restraining Order on Lloyds Former Names, Claims Journal, Sept. 11, 2008
Stephen Greenspan, Why We Keep Falling for Financial Scams, The Wall Street Journal, Jan. 3, 2009 (mentions Lloyds as said to have drawn investors into a Ponzi scheme by means parallel to that of Bernard Madoff: an exclusive club)
Essay, Moral Hazard and Guarantee Arrangements: A Case Study of Lloyds
Wikileaks: Lloyds vs. 45 Names on Dec 6, 2007
Transcript of 1993 CBS 60 Minutes program on Bankruptcy in Florida
The Time and Distance Programme of the Gooda Walker Syndicates, by Randall Insurance Services Ltd., April 1993 (PDF, 9.9 mb.)
Washington Post, May 2, 2010: Big Money: Debunking the myth of the sophisticated investor
Deposition of Jeffrey Stephan in GMAC mortgage foreclosure case, December 10, 2009. This is the same sort of false certification and notarization used from time to time by Lloyds and its attorneys in its litigation against its investors
Google Groups (newsgroup archive) mentions of United Names Organisation
Article: Not Your Average Coffee Shop: Lloyds of London—A Twenty–First–Century Primer on the History, Structure, and Future of the Backbone of Marine Insurance by Jeremy A. Herschaft (A hagiography that ignores the accusations of insider trading, corruption, fraud, securities-law violation and political dealing that went on at Lloyds in the 1980s and 1990s)
In a surprising incident, the Plumber caught the FSA chief and the lead administrative law judge (to use the U.S. terminology) of a securities-law proceeding against one Paul Davidson in flagrante delicto plotting to pervert the course of justice. These are the stories:
Lawyers hit The Plumber, The Mail on Sunday, Nov. 12, 2004
Plumber Paul wins back his court costs, Manchester Evening News, Oct. 12, 2006
Plumber wins his fight with the FSA, Daily Telegraph, Oct. 13, 2006
Daily Telegraph editorial
The Plumber was fortunate in that he and his investigators were able to videotape one of the members of the tribunal, Terence Mowschenson, QC, walking his dog (dare we write dogging?) miles away from his home and conversation with the head of the FSA's Regulatory Decisions Committee, Christopher Fitzgerald. Its a pity that the industry that sprang up to defend and advise Lloyds investors in the 1990s, profiting handsomely in the process, made no effort to look into the politicization and the allegations of case-fixing and corruption in the Lloyds affair: in the co-opting of the action groups by Lloyds and the buying of justice.
Arkansas Cease and Desist Order
Illinois (included because this press puffery tends to show the priorities of state commissioners: to assure availability of Lloyds reinsurance proceeds to cover local risks and the liabilities of bankrupt insurers)
Natl Assn of Insurance Commissioners, Final Report on Lloyds
archived copy
Missouri
another page
Missouri Digital News article on cease and desist order
Cook takes on Lloyds of London and: the rather crude lawyers at Fried Frank congratulating themselves over having helped Lloyds defeat the state prosecutors (well, their guy, Robert E. Gerber, got himself appointed a judge of the Bankruptcy Court in due course, didnt he)
Ontario Securities Commission, ruling, June 4, 2002
another copy, 26 O.C.S.B. 206
Australian Securities & Investments Commission, CO 02/318 Class Order gives conditional relief from Chapters 5C, 2L and 6D, sharehawking and some PDS content requirements for the Society of Lloyds and some agents of underwriting members of Lloyds.
July 16, 2009: We have been asked on occasion to remove materials from this site. Materials related to cases reported in the West Reporters and in other official published reports of decisions cannot be removed except by court order for the simple reason that we only mirror the publishers sites and even if removed here the document would still appear elsewhere. Unpublished materials may be removed if they relate to a single living individual and are unimportant to the scheme of the site. However even after removal here such materials will remain readily available from PACER, credit bureaus and other public sources whether or not currently indexed on common search engines. (Although court orders may not, themselves, be enforceable in the Turkish Republic of Northern Cyprus if such an order is directed to the main site of publication and if we are informed, our mirror link will be deleted.)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
From the Financial Times, 1 Nov, 2018
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 Lloyds: Read Talking to Strangers: What We Should Know about the People We Dont 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 Lloyds, 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 Markopoloss 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 Lloyds 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 Lloyds 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 Lloyds 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 firms 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 Lloyds 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 Lloyds suit against Randolph C. Harrison, son of deceased Lloyds investor A. Cary Harrison III, seeking to bring a Chapter 15 action ancillary to their insolvency proceeding against Carys 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). Lloyds 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 nations worst financial criminals. The answer is that the complaint of U.S. investors in Lloyds 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 Lloyds 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 Lloyds, 2011 U.S. LEXIS 4826 (U.S., June 27, 2011)
March 2011: Richard Tropps 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 Lloyds 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 Courts 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 Lloyds had lost the signed General Undertaking the mere fact that Lloyds Bye-Laws required such a document as a condition precedent to underwriting meant that every Lloyds 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 Lloyds in the Allen case, relating to R&RJanuary 2010: The HBOS (Halifax Bank of Scotland) scandal is in some ways a reprise of the Lloyds 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. Its perhaps overused, hackneyed, but George Santayanas comment about repeating an unremembered past fits here.
Another Chapter 7 bankruptcy petition, from 2003, of a Lloyds investor has shown up on scribd.com (PDF). The petition lists $375,000 claimed by Lloyds but one would suspect the real amount was higher. Lloyds 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 Lloyds) 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 Lloyds and, perhaps, gave too much credence to the theory that Lloyds 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 Lloyds 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 Lloyds 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 Lloyds 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 Lloyds. 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 Lloyds investors, Pierce seems to have arranged his affairs appropriately over a period of years). Its a pity that so few American Lloyds 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 Lloyds collection cases. One can assume that Lloyds 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.
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 Lloyds 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 Lloyds 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 Lloyds 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) (Lloyds) Regulations 2005 added Nov. 8, 2005. See also related documents, bottom of green section below
Judgment in Lloyds 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 Lloyds 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 Lloyds litigation: as I was told in 1992 by a senior London solicitor, the British Government made the survival of Lloyds 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 Lloyds 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 sites library of court judgments is not limited to Lloyds 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 Lloyds caseAdded June 24: decision of Bankruptcy Judge Judith A. Boulden dismissing the
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)
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 .
Lloyds 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 Lloyds Rep. 577
Lawtel summary
Aldrich v. Norwich Union Life Ins. Co. Ltd., [1999] EWCA Civ 2042 , [2000] Lloyds Rep. I.R. 1 (C.A. Jul. 30, 1999), Times L. Rep. Aug. 13, 1999 (denying appeals from orders enforcing Norwich Unions claims against Lloyds investors on bank guarantees that had been called by Lloyds)
another copy
same, from BAILII server
Aldrich v. Norwich Union Life Ins. Co. Ltd., [1999] EWCA Civ 2042, [1999] Lloyds 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 Lloyds 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, Comml 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 Lloyds, [1992] 1 W.L.R. 446 (ASCII)
same, [1992] 2 All ER 486
Avon Insurance plc v. Swire Fraser Ltd., Q.B.D. Comml Ct., Jan. 20, 2000, [2000] L.R.I.R. 535 (stop loss insurers of Lloyds investors; claim in damages under the Misrepresentation Act 1967)
Bates v. Barrow, [1995] 1 Lloyds L. Rep. 680 (Q.B.D. Comml 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 Lloyds 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 Lloyds, Lawtel 11/7/99, AC8001121
Boobyer v. David Holman & Co. & Society of Lloyds (No. 1), [1992] 2 Lloyds L. Rep. 436 (whether to transfer proceedings to the Queens Bench Div.)
CLI summary of case
Boobyer v. David Holman & Co. & Society of Lloyds (No. 2), [1993] 1 Lloyds L. Rep. 96 (HTML) (cash calls and deposits)
CLI summary of case
Society of Lloyds v. Bowman, 2002 EWCA Civ 1886, [2003] All ER (D) 393 (Dec) (statutory demand against Lloyds investor)
— Official Transcript
R. v. Lloyds of London ex p. Briggs, [1993] Lloyds 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, Lloyds investor, for repayment of tax deductions on account of Lloyds losses)
Society of Lloyds v. Brooks, 134 N.L.J. 680, Times L. Rep. Mar. 12, 1984, FT Mar. 13, 1984 (Q.B.D. 6 Mar. 1984) , (Lloyds disciplinary powers over its members)
Brown v. GIO Insurance Ltd, [1998] C.L.C. 650, [1998] Lloyds 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 Lloyds v. Burningham, Kahm & Gooda, Q.B. Comml Ct., 4 Mar. 1998 (No. 1), [1999] 1 FLR 246 (settlement offer not discriminatory)
Lawtel summary
Society of Lloyds v. Burningham, Kahn & Gooda, Q.B. Comml 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 Lloyds)
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 Lloyds investment in course of divorce)
Society of Lloyds v. Canadian Imperial Bank of Commerce, [1993] 2 Lloyds Rep. 579 (Q.B., Comml Ct., 5 Jul 1993) (held: fraud no defence to payment of letters of credit by bank at demand of Lloyds)
CLI summary of case
R v. Council of the Society of Lloyds, 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 Lloyds, [2005] All E.R. (D) 240 (Jan) (statutory demand)
Re certain of the members at Lloyds for any or all of the 1993 to 2020 (inclusive) years of account, represented by The Society of Lloyds, [2020] EWHC 3266 (Ch), [2020] All ER (D) 29 (Dec).Charter Reinsurance Co. Ltd. v. Fagan, [1997] A.C. 313 (ASCII)
Society of Lloyds 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 Lloyds v. Clementson (No 2), QBD, Comml Ct, May 7, 1996, LexisUK transcript ; Shorter report as pub. in Times Law Rep., May 14, 1996, p. 41 (Lloyds bylaw does not infringe EU competition law) (PDF scan)
another copy
Lawtel summary
same case, Clementson No. 2, full text (103 pp.), Society of Lloyds 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 Lloyds 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 Lloyds v. Clementson (No. 1), Times L. Rep., Jan. 11, 1994 (Q.B.D., Dec. 16, 1993)
CLI summary of case
Society of Lloyds 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. (Comml Ct., June 28, 1996) (arbitration proceeding: Lloyds 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 Lloyds v. Colfox, [1998] Lloyds L. Rep. IR 186 (Q.B.D. Comml Ct., July 31,1997)(also listed as Manning v. Society of Lloyds – see below)
Lawtel summary
Society of Lloyds v. Cook, (unreported), Sept. 16, 1999, 1999 WL 807182 (insolvency; conflicting claims by Lloyds and Inland Revenue; Masters discretion in preserving Names counterclaim against Lloyds)
Cox v. Bankside Members Agency Ltd, [1995] 2 Lloyds Rep. 437 (C.A. Apr. 25, 1995), (Ruling regarding disposition of Members Agents Errors & Omissions insurance proceeds to Names: not to be apportioned ratably but on first come, first served basis)
R. v. Society of Lloyds ex p. Cuthbert Heath U/W Ltd., [1998] EWHC Admin 415 (7 Apr. 1998) (judicial review, Lloyds disciplinary proceeding)
same, from BAILII server
Society of Lloyds v. Daly, Q.B.D. Comml 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 Lloyds and Garrow v. Society of Lloyds (see below)) (application to set aside statutory demand by Lloyds 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, Comml 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 Commrs third party, Q.B.D. Comml 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, Comml 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,
Lloyds litigation – case management – future cases, Times L. Rep. 23 Feb. 1995 (All Lloyds 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 Lloyds, [2002] EWHC Admin. 419 (19 Mar. 2002) (refusing judicial review to Gerda Doll-Steinberg on the Lloyds 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 Lloyds losses; discussion of Equitas)
Society of Lloyds 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 Lloyds v. Fraser, Q.B.D. Comml Ct., 3 Nov. 1997 (directions for finally disposing of the names cases)
Lawtel summary
Society of Lloyds v. Fraser, [1998] EWCA Civ 1378, [1999] Lloyds 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 Lloyds 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 Lloyds v. Fraser, QBD Comml Ct, Tuckey, J. Judgment of Mar. 4, 1998 (Equitas premium claim against non-accepting Lloyds investors; Lloyds bylaws enforceable)
same, original court typescript
Lawtel summary
case comment by Simon Cooper
Garrow v. Society of Lloyds, Ch. Div. (Bankruptcy Court) June 10, 1999, Times L.Rep., June 18, 1999 (Lloyds 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 Lloyds, Times L. Rep. Oct. 28, 1999, [2000] Lloyds 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. Lloyds of London Ct. App. 4 Mar. 1998 (RTF) (pro se application to appeal out of time granted)
Hallam-Eames v. Merrett Syndicates Ltd., [2001] Lloyds 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 Lloyds, [2008] EWHC 1433 (Comm), 2008 WL 2465694, Comml 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 Lloyds 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 Lloyds 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 Lloyds 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 Lloyds 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 Lloyds Rep 553
same, Hiscox v. Outhwaite (No. 3), QBD, Comml Ct., May 24, 1991, [1991] 2 Lloyds 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 Lloyds investor for payment under bank guarantee to Lloyds; attempted defense of fraud fails)
Society of Lloyds v Hummel, 2000 WL 544204, No. 1316 of 1998, Commercial Court, March 20, 2000
Society of Lloyds v. Jaffray, [1999] 1 All E.R. (Comm.) 354 (refusal to stay investors fraud action against Lloyds)
High Court, Notice to non-accepting names (archived copy, RTF)
Jaffray Litigation, Jaffray v. Society of Lloyds, Lloyds litigation case management note re: Names wishing to advance fraud allegations,
Times Law Rep., Nov. 4, 1999 (ASCII)
RTF
Society of Lloyds v. Jaffray, QBD, Comml Ct., Jan. 22, 1999, [1999] 1 All E.R. (Comm.) 354
another copy
Petersen Intl Underwriters, Inc. Communicator Briefing (self-serving statement by Calif. firm re above case)
Lawtel summary (Application by Lloyds for stay of both claims and counterclaims brought by Lloyds Names alleging fraud against Lloyds was refused. There was no needless procedural duplication of earlier litigation.)
Society of Lloyds v. Jaffray (No. 2), Q.B.D. Comml Ct., Transcript Jan. 25, 2000 (LEXIS)
same, [2000] 2 All ER (Comm) 181
Society of Lloyds v. Jaffray (No. 2), Q.B.D. Comml Ct., Transcript Jan. 26, 2000 (LEXIS) (costs sharing order)
same, Society of Lloyds v. Jaffray (No. 3),
[2000] All ER (D) 418
same, [2000] EWHC Com 174, from BAILII server
Lawtel summary
Society of Lloyds v. Jaffray, Comml Ct., Cost sharing order, June 9, 2000, [2000] 2 All E.R. (Comm) 181, [2000] C.L.C. 725, 2000 WL 824046
Society of Lloyds v. Jaffray, Q.B.D. Comml Ct. 9 June 2000, unreported (evidentiary, witness issues)
Lawtel summary
Society of Lloyds 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 Lloyds v. Jaffray, QBD, Comml Ct., Nov. 3, 2000, Lexis, Transcript (lengthy, 200+ pp.) (Deceit – Misrepresentation – Ingredients of tort of deceit – Lloyds litigation – Names alleging Lloyds knowingly or recklessly making untrue representations – Whether tort of deceit established)
Society of Lloyds v. Jaffray, QBD, Comml Ct., June 9, 2000, Times L. Rep., Aug. 3, 2000 (Evidence – party serving witness statement – court cannot order him to call witness)
Society of Lloyds v. Jaffray (No. 2), QBD, Comml Ct., Jan. 25, 2000 (Transcript)
Statement by Cresswell, J., 3 Feb. 2000 (formerly on court server) archived copy
Society of Lloyds v. Jaffray, [2001] EWCA Civ 1503 (Ct. App.on issue of confidentiality in civil disclosure motion, London Market Claims Services & Equitas)
Society of Lloyds v. Jaffray, Ct. App., Civ. Div., Oct. 8, 2001, [2001] EWCA Civ 1503
Society of Lloyds v. Jaffray, Witness statements before Court of Appeal, Feb. 21, 2002, 2002 WL 237062
Jaffray v. Society of Lloyds, 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 Lloyds, [2002] E.W.C.A.Civ. 1101, same, from BAILII server
Lawtel summary
Jaffray v. Society of Lloyds, [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 Lloyds, QBD (Comml Ct.), July 22, 2002, [2002] EWHC 1512 (Comm), [2002] All E.R. (D) 315 (Jul) Electronic Telegraph, Aug. 12, 2002 (Lloyds investors unaccepted counter-offer did not make him an R&R settlement accepting Name)
CLI summary of case
Lawtel summary
Jones v. Society of Lloyds, 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 Lloyds, Times L. Rep., Feb. 2, 2000 (withdrawal of debt credits by Lloyds for investors accepting the R&R settlement offer who did not pay by 30 Sept. 1996 was not an unconscionable penalty)
Society of Lloyds v. Kahn, [1998] 3 F.C.R. 93, [1999] 1 F.L.R. 246, [1999] Fam. Law 92 (Q.B.D. Comml Ct. 4 Mar. 1998) (husband absconded to Pakistan leaving wife with Lloyds 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 Lloyds losses of £425,390 in Lloyds investors tax coding)
same, full text as read in court
same, from court server
Kelley v. Society of Lloyds, 2000 WL 1027169 (Bankruptcy, Jan. 27, 2000)
C Inc plc v L and another, [2001] All ER (D) 376 (Mar), QBD Comml Ct, 16 Mar. 16, 2001 (freezing order [Mareva injunction] against Guernsey assets of Lloyds investors husband; defaulting subscriber to corporate member of Lloyds; claim that assets of Lloyds 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 Lloyds 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, Lloyds investment was attractive to high earners)
Society of Lloyds 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 Lloyds v. Laws, [2003] EWCA Civ 1887, [2003] All ER (D) 392 (Dec), Ct. App. Dec. 19, 2003
Society of Lloyds v. Laws, [2004] EWHC 71 (Comm), [2004] All ER (D) 277 (Jan), QBD Comml Ct, Jan. 28, 2004
same, All ER transcript
Society of Lloyds v. Levy & Johnson, [2004] EWHC 1860 (Comm.), [2004] All E.R. (D) 566 (Jul) (Equitas premium and European law issues)
same case, BAILII server
Lloyds litigation: Outstanding cases, Times Law Rep., Oct. 8, 1996
Lloyds litigation: Outstanding cases (No 2), Times Law Rep, Nov. 8, 1996
Lloyds litigation: Merrett, Gooda Walker & Feltrim cases, [1994] 2 Lloyds Rep 193
In re Lloyds 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; Lloyds could enforce judgment more than six years after issuance)
Society of Lloyds v. Lyon, Leighs & Wilkinson, Queens Bench Div., Feb. 20, 1997, [1997] C.L.C. 759, 1997 WL 1104338 (abstract), affd by: Society of Lloyds 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 Lloyds 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 Lloyds 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 Lloyds, Nos 4449 & 4450 of 1998, [1999] Lloyds Rep. I.R. 487, [1999] 1 All E.R. (Comm) 149; [1999] B.P.I.R. 548 (Lloyds 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 chairmans success fee is taxable emolument
Regina v Chairman of the Regulatory Board of Lloyds 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 Lloyds,
[1998] Lloyds Rep. I.R. 186 (Q.B. Div. Comml Ct. July 31, 1997) (Colfox, Phillips & others; Lloyds seeks summary judgment and declaration that Names do not benefit from the settlement agreement)
another copy
Moran v. Lloyds, C.A., [1983] Q.B. 542 (Lloyds disciplinary procedure, enforcement)
same, [1983] 2 All ER 200
Society of Lloyds v. Morris, Ct. App. Civ. Div., May 28, 1993, transcript, Larking (Lexis)
same case below, QBD, Comml Ct., Mar. 15, 1993,
transcript, Lexis (diversion of investors stop loss policy proceeds to Lloyds)
CLI summary of case
Lawtel summary
Napier v. Hunter, [1993] A.C. 713 (H.L.) (application of investors stoploss insurance proceeds)
Napier v. Kershaw, Queens Bench Div., transcript, June 12, 1992
Lord Napier and Ettrick v RF Kershaw Ltd; Society of Lloyds 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 Lloyds 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] Lloyds 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 Lloyds v. Noel, Ct. App., June 30, 2002, Transcript (Smith Bernal)
Society of Lloyds 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 Lloyds 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 Cowans witness statement on behalf of Sally Noel (6 pp., 976 kb.)
Society of Lloyds v. Noel, [2002] EWHC (Comm) QBD Comml Ct., Mar. 27, 2002 (Sally Noels points by way of defence have no real prospect of success against Lloyds claims against her; Court has no power to order an investigation into Lloyds alleged fraud)
same, [2002] All ER (D) 438 (Mar)
Sally Noels data packet (PDF, 17 pages, 5.72 mb)
Society of Lloyds v. Noel, [2001] E.W.C.A. Civ. 521 (Ct. App., Mar. 30, 2001) (appeal by Lloyds investor against claim by Lloyds 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 Lloyds Act.)
same, [2001] All ER (D) 371 (Mar)
Lawtel summary
Society of Lloyds v. Noel, Ct. App., Mar. 31, 2000, transcript (Smith Bernal)
Society of Lloyds 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 Commrs Decision, Dec. 19, 1995, [1996] S.T.C. (SCD) 91 (calculation of tax relief on Lloyds losses in early years of underwriting)
Phillips v. Society of Lloyds,
Times L. Rep. May 9, 1997 (Directions relating to the date for commencement of proceedings arising out of a dispute as to acceptance by Lloyds names of its reconstruction and renewal package.)
Lawtel summary
Phillips v. Society of Lloyds 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 Lloyds, [2000] Lloyds Rep. I.R. 453 (Q.B. Div. 22 Oct. 1999) (ASCII) (Equitas premium double counting and mental harassment by Lloyds 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 insurers 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., Commlk Ct., June 8, 1998, [1999] Lloyds 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 Lloyds debtor convicted of obtaining property by deception; imprisonment and fine; unable to pay)
Roberts v. Price, Ct. App. Civ. Div., (unreported, Feb. 25, 2000) (Lloyds investor suing accountants for failure to advise in timely manner on tax position)
Society of Lloyds 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 Lloyds, Comml 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 Lloyds; capital transfer tax, estate of deceased Lloyds member)
Schuldenfrei v. Hilton (Inspector of Taxes), Ch. D., Feb. 10, 1998, [1998] S.T.C. 404 (lloyds investors 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 Queens Bench, [1994] 1 W.L.R. 754
Silver v. Inspector of Taxes, [1997] S.T.C. (SCD) 193 (tax issues of Lloyds investor)
Simner v. New India Assurance Co., Ltd. [1995] LRLR 240 (stop-loss insurance issues)
Sphere Drake Insurance Ltd v. Euro Intl 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 Lloyds, [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 Lloyds 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 Lloyds 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 (Lloyds losses; divorce)
Thomas-Everard v. Society of Lloyds, [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 Lloyds 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 Lloyds v. Twinn, [2000] EWHC Admin 308, Ch.D., Mar. 23, 2000
(statutory demands)
same, from BAILII server
Society of Lloyds 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 executors commissions following petition in insolvency by Lloyds)
Wakefield v. Outhwaite, QBD, Comml Ct., May 1, 1990, [1990] 2 Lloyds Rep 157
Society of Lloyds v. Waters, [2001] B.P.I.R. 698 (Ch. D. 2000), (bankruptcy, cross-claim, sufficiency of ev idence; applicant made bankrupt on petition of Lloyds; appeal seeking annulment of bankruptcy pending outcome of Lloyds fraud litigation denied.)
CLI summary of case
Society of Lloyds v. West, Q.B.D. Comml 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. Lloyds of London, Ct. App. Civ. Div., Apr. 27, 2004, [2004] EWCA Civ 506, [2004] All ER (D) 270 (Lloyds investor not entitled to judicial review of matters related to Lloyds [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 Lloyds v. White, 144 S.J.L.B. 190 (Q.B. Div. Comml Ct. 3 Mar. 2000)
Lawtel summary
Society of Lloyds v. White (No. 2), [2002] I.L.P.r. 11 (Q.B.D., Comm. Ct.)
CLI summary of case
Wiliams v. Society of Lloyds (Re a Debtor, No. 105 of 2000) Bankruptcy, Jan. 11, 2000
Society of Lloyds v. Woodard, Ch. D. May 17, 1996,
Times L. Rep. May 24, 1996 (validity of amendment of trust deeds by Lloyds)
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 Yorkes 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 firms duty of confidentiality to Lloyds synidcate and conflict of interest in merger)
Lawtel summary
In the matter of the European Communities (Civil and Commercial Judgments) Regulations 2002: The Society of Lloyds 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 Lloyds)
Society of Lloyds contre X, Westlaw UK version, [2008] 10 WLUK 588 Cour de Cassation decision (in French) ECLI:FR:CASS:2008:C101004 Discussion
In re Society of Lloyds Enforcement of Judgment Litigation, 321 F. Supp. 2d 1381, Judicial Panel on Multidistrict Litigation, June 15, 2004
Society of Lloyds 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. Lloyds 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 Lloyds 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 Lloyds 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 Lloyds 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 Dept, 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 Lloyds 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 Lloyds v. Baker, 673 A.2d 1336 (Me. 1996) (enforcement of English judgment; case reported to have been substantially undefended with the understanding that Lloyds 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) (Lloyds 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 Lloyds-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, Lloyds, as a party)
Beauzay v. Corp. of Lloyds, 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 Lloyds 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 Lloyds v. Bennett et al., D.C. D. Utah, Mar. 18, 2003, Lloyds 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 Lloyds
archived copy, same article
For judgment on appeal, see Society of Lloyds 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 Lloyds v. Bennett, 2003 U.S. Dist. LEXIS 25476 (D. Utah, Mar. 17, 2003) (Motion for relief from posting supersedeas bond denied)
Society of Lloyds v. Bennett, 204 Fed.Appx. 728 (10th Cir. 2006) (debtors stipulation regarding the extension of the writ of garnishment waived any objections to magistrate judges authority).
Society of Lloyds 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 Lloyds from making disputed exchange rate argument; (3) Utahs parol evidence rule did not preclude consideration of declaration of Lloyds English solicitor to clarify scope of contract and determine whether regulator should be judicially estopped from arguing that contracts exchange rate did not apply; and (4) application of Utahs Foreign-Money Claims Act to Lloyds judgments was the law of case.)
Society of Lloyds 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 Lloyds v. Berkos, copy of District Court docket (N.D. Ill.)
Christy S. Berkos obituary (May 11, 2011)
Society of Lloyds v. Blackwell, 127 Fed. Appx. 961 (9th Cir. 2005) (applying Uniform Foreign Money-Judgments Recognition Act)
Same case: Society of Lloyds v. Blackwell et al., S.D. Cal. 2003 COMPLETE DOCKET (enforcement of English judgment against many California Lloyds investors) (most of the substantive documents in this case may be downloaded FREE from this site using hyperlinks within the docket )
Bobe v. Lloyds, 10 F.2d 730 (2d Cir. 1926) (holding that Lloyds was doing business in New York State and was subject to service of process)
Bonny v. Society of Lloyds, 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 Lloyds 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 Lloyds v. Boudreau , Palm Beach County, Fla (Judith Boudreau, pro se), order denying summary judgment to Lloyds on Uniform Foreign Money-Judgments Enforcement Act claim
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 Lloyds 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 Lloyds 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 Lloyds 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 Lloyds 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 Lloyds Trap
Citibank_opposition
North Carolina Defense
North Carolina Answer
Notice of class action: Lloyds American Trust Fund case
another copy (284k).
Society of Lloyds 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 Lloyds investor and bankruptcy counsel in dismissed Chapter 7 case where exempt assets exceeded value of Lloyds claims. Compare In re Sills, below.)
Docket for above case – NOTE: the only downloadable document on this docket is the Petition
(PDF)
Society of Lloyds v. Collins, 284 F.3d 727 (7th Cir. 2002) (Asset protection issues; same party: certain assets of Collins and Callahan, two investors in Lloyds, held exempt from garnishment in enforcement of judgment action by Lloyds)
same, on Findlaw site
Society of Lloyds v. Collins, copy of District Court docket, N.D. Ill. (Lloyds enforcement of judgment action)
Patrick J. Collins, obituary (Dec. 18, 2020)
Collins v. Society of Lloyds, 874 So. 2d 672 (Fla. App. 4th Dist. 2004), 29 Fla. L. Weekly D1233, May 19, 2004
Society of Lloyds 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 Lloyds of London, 6 F.3d 856 (1st Cir. 1993) (Reinsurance companys state receiver sueing under reinsurance contracts; only procedural issues decided)
Society of Lloyds 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 Lloyds 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 Lloyds, 944 So.2d 351 (Fla. App. 1 Dist. 2006) (affirming without opinion judgment for Lloyds in collection action(
Society of Lloyds 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 Lloyds 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 Lloyds, including some unreported judgments not otherwise indexed on this site.
Corporation of Lloyds 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 dismd 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 Lloyds: 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 Lloyds, 1997 WL 607543 (S.D.N.Y.) (RTF) (enforcement of foreign judgment)
same, from court server
Society of Lloyds 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 Lloyds 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 Lloyds v. Hamilton, 2007 WL 2280027, 501 F.Supp.2d 248 (D. Mass.) (another collection case)
Court version, Findings and Recommendations
Society of Lloyds 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 Lloyds)
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 Lloyds and responses of the defendant.
A. Cary Harrison III, memorial service (Apr. 18, 2003)
Haynsworth v. Corp. of Lloyds, 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 Lloyds in a bankruptcy case. Lloyds 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 Lloyds v. Hudson, 276 F.Supp.2d 1110 (D.Nev. 2003) (enforcement of English judgment against Lloyds investor)
Hugel v. Corp. of Lloyds, 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 courts order refusing to dismiss declaratory judgment action was not final and appealable)
Society of Lloyds 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 Lloyds v. Sommer
— Docket, same case following settlement by Sommer, re-titled Society of Lloyds v. Silversmith (with links to selected downloadable court documents)
— Final judgment in favor of Lloyds in Society of Lloyds v. Silversmith (unreported, HTML)
Society of Lloyds v. Lee, Slip Copy, 2007 WL 2126381 (D.Colo.) (Judgment of July 23, 2007)
Raymond C. Lee obituary (May 25, 2018)
Leslie v. Lloyds of London, 1995 U.S. Dist. LEXIS 15380
same case, another version: 1995 WL 661090 (S.D.Tex.); 64 USLW 2239 (ASCII)
Leslie v. Lloyds 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. Lloyds 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 Lloyds, 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 Lloyds; Lloyds paid a substantial sum to complensate the trustee for an investigation she had underatken when Lloyds falsely accused Lyons of conceaning assets, and Lloyds agreed to pay for arbitration in London between Lyons and his Members 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; Lloyds motion for dismissal based on lack of subject matter jurisdiction granted)
Society of Lloyds v. Est. of McMurray, 274 F.3d 1133 (7th Cir. 2001) (enforcement of Lloyds 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 Lloyds v. Michalove, W.D.N.C., 3-03-cv-00594-59-DID
Society of Lloyds 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 Lloyds v. Mullin, 255 F.Supp. 2d 468 (E.D. Pa. 2003), (enforcing English judgment against Lloyds 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 Lloyds v. Price (In re Price), 2004 U.S. Dist. LEXIS 22783, 2004 WL 2550590 , W. D. Tex., Nov. 10, 2004
Society of Lloyds 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 Lloyds
Richards v. Lloyds of London, 107 F.3d 1422 (9th Cir. 1997)
same, from findlaw.com
Richards v. Lloyds of London, 121 F.3d 565 (9th Cir. 1997) (decision for rehearing en banc)
Richards v. Lloyds 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 Lloyds
Harry Collins Roach, et al., enforcement of English judgment, accessible via dockets:
— Society of Lloyds v. Eyon, Fleck & Roach, U.S.D.C. Ohio, Case No. 06-3643
— Society of Lloyds 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 Lloyds, 796 F.Supp, 103 (S.D.N.Y. 1992) (Lloyds syndicates are not separate legal entities subject to service of process)
The Wall Street Journal, June 17, 1992, Lloyds Scores Victory in Fight with Investors
Roby v. Corporation of Lloyds, 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 Lloyds , Oct. 22, 1991, p. D10.
The Wall Street Journal, Aug. 30, 1991, Lloyds of London, Hit by Losses, Also Faces Legal Wrangle in U.S.
Roby v. Corporation of Lloyds, 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 Lloyds 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 Lloyds 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 Lloyds investors considering bankruptcy what Lloyds 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 LOCs 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 Lloyds claims.)
Rosenblatt v. Ernst and Young Intl Ltd., 87 F.Supp. 2d 1048 (S.D. Cal. 2000 (suit by a Lloyds investor against Cayman Islands accounting firm for negligent misrepresentation)
Rosenblatt v. Ernst and Young Intl 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 Lloyds (same POC, in PDF format) The 1993 Scheinuk Chapter 11 bankruptcy is of particular historical interest. Its usefulness for current debtors is questionable since Lloyds strategy has changed and the case law has moved on. Furthermore, Lloyds 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.), Lloyds was led to settle, but in the Scheinuk case it was because Lloyds counsel had inadvisedly filed a proof of claim, giving the U.S. bankruptcy court jurisdiction over a counterclaim that Lloyds was not (yet) ready to defend. Unlike some Lloyds judgment debtors, Scheinuk had substantial non-Lloyds 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 Loyds 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 Loyds 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 Lloyds)
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 defendants motion t dismiss)
same case, 1996 WL 614087 (denying plaintiffs motion to remand to state court)
Society of Lloyds v. Sumerel, Slip Copy, 2007 WL 2114381 (M.D.Fla.) (Collection case)
Society of Lloyds 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 Lloyds v. Early Am. Ins., 796 F.2d 821 (5th Cir. 1986) (ASCII)
Tropp v. Corporation of Lloyds, 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 Lloyds (reported as Tropp v. Corp. of Lloyds, 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 Lloyds Gives Rare View (Issue raised in Tropp case in U.S. enforcement of judgment case as to parliamentary intent in passage of the Lloyds Act 1982)
— Tropp v. Corporation of Lloyds, 385 Fed. Appx. 36; 2010 U.S. App. LEXIS 14657 dismissal of Tropps pro se appeal
Tropp v. Corporation of Lloyds, Documents and materials related to Supreme Court certiorari petition:
— Tropps 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 Lloyds 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 Lloyds, 981 F.Supp. 808 (S.D.N.Y. 1996)
Tufts v. Corp. of Lloyds, 128 F.3d 793 (2nd Cir. 1997)
Society of Lloyds 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 Lloyds 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. (Lloyds captive reinsurer) brief denying jurisdiction of U.S. courts)
Society of Lloyds v. Webb, 156 F.Supp.2d 632 (N.D. Tex. 2001) (RTF) (Granting summary judgment for Lloyds 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 Lloyds v. Webb, 303 F.2d 325 (5th Cir. July 25, 2002) and 2002 U.S. App. LEXIS 16904 (affirmingwithout opinion District Court judgment for Lloyds)
West v. Lloyds, 1997 WL 1114662 (Cal.App. 2 Dist.)
Brief for Appellants (West)
Brief for Resondent (Lloyds)
(unpublished decision) Corp. of Lloyds 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 Lloyds. 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 Lloyds 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) Lloyds 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 Lloyds 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 couples joint Ch, 13 was further muddled by the fact that a separate bankruptcy case dealt with at the same time involved a solvent Lloyds debtor. In Lyons and Kissell (early bankruptcy cases) Lloyds settled and cancelled all the investors Lloyds 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 Lloyds were discharged and the investor got on with his or her life, have been unremarked in the published record of case law.)
American Names self-help group site: Lliars of London (archive.org index)
mirror site, Truth About Lloyds (operational as of September 2008 but not updated since 2006)
Sally Noels page, Lloydsfraud.com (index of captured pages from archive.org)
Sally Noels blog.
Sally Noels data packet (PDF, 17 pages, 5.72 mb)
The Gotcha site (on international maritime insurance fraud)
European Lloyds investors project (apparently defunct, link is to copy at http://archive.org)batr.org spoof: The sinking of Lloyds of London
High Premium Group (apparently defunct, link is to copy at http://archive.org trading through (but see The Economist, April 7, 2004 article )
Association of Lloyds Members (traditionally co-opted by Lloyds)
Some sites and blogs, selected by G o o g l e
Last correction/modification to this page: Mar. 27, 2022
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