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LLR: Insurance & Reinsurance

SHELDON AND OTHERS V RHM OUTHWAITE (UNDERWRITING AGENCIES) LTD AND OTHERS

(1995) 4 Re LR 20

United States Court of Appeals Sixth Circuit

Before Sir Thomas Bingham MR, Lord Justice Staughton (dissenting) and Lord Justice Kennedy

Limitation - Time bar - Alleged deliberate concealment - Claims by Lloyd’s Names on Outhwaite syndicates against managing agents and members’ agents - Claims based on acts allegedly done or not done in or before 1982 - Writ not issued until April 1992 - Whether claims defeated by six-year limitation period in Limitation Act 1980 - Whether plaintiffs could show that running of limitation period had been postponed under section 32(1)(b) because of alleged acts and omissions said to constitute deliberate concealment.

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