AIKEN AND OTHERS V STEWART WRIGHTSON MEMBERS AGENCY LTD AND OTHERS

(1997) 6 Re LR 79

Court of Appeal

Before Lord Justice Neill, Lord Justice Otton and Lord Justice Ward

Lloyd’s litigation - Interim payment - Calls on Lloyd’s Names - Claims not paid - Syndicate members recovering judgment against members agents and managing agents in respect of avoidance of run-off reinsurance for non-disclosure - Application for interim payment - Judge accepting that it was reasonable to proceed upon assumption that eventual loss of syndicate would be as shown in accounts - Judges ruling that interim award should be limited to compensation in respect of paid claims - Appeal by Names - Need for uniform approach.