SOCIETY OF LLOYD’S V HENDERSON

{2007] EWCA Civ 930, Court of Appeal, Lord Justice Buxton, Lady Justice Smith and Lord Justice Moore-Bick, 27 July 2007

Insurance (Lloyd’s) – Claim against Lloyd’s for misfeasance in public office – Whether Lloyd’s a public officer – Whether Lloyd’s had acted dishonestly or in bad faith

This was an attempt by Names to argue that Lloyd’s constituted a public officer and that it was accordingly potentially liable for the tort of misfeasance in public office. The Court of Appeal held that although there was a public interest in Lloyd’s being regulated properly, that did not of itself make Lloyd’s a public body. Even if that was wrong, the trial judge had been right to reject the suggestion that Lloyd’s had been guilty of the degree of dishonesty or bad faith required to make out that tort.