ARBUTHNOTT V FAGAN DEENY GOODA WALKER LTD (in liquidation) (No 2)

(1994) 3 Re LR 168

Court of Appeal

Before Sir Thomas Bingham MR, Lord Justice Steyn and Lord Justice Hoffman

Lloyd’s litigation - Agency agreements - Construction - Names’ actions against members’ agents - Undertaking by names to pay “all liabilities and outgoings” - Whether names’ claims for loss and damage related directly to and were founded upon the cash requirements made upon names for purposes of “underwriting business” - Whether name had no cause of action and was precluded from bringing proceedings in respect of claims for breach of contract or duty - Whether claims arising from negligent underwriting were related to cash calls made against names.