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Insurance Law Monthly

Regulation

Lloyd’s

The Lloyd’s Act 1982 gives the Society of Lloyd’s immunity from any action by its members, including for breach of contract or in tort. There are also cases that decide that, as Lloyd’s is a private body exercising private functions, its decisions cannot be challenged by judicial review. The Human Rights Act 1999 has dramatically altered the landscape of judicial review and has imposed altogether more stringent requirements on those persons charged with exercising public functions. Has this affected Lloyd’s? In R (West) v Lloyd’s of London [2004] EWCA Civ 506 the Court of Appeal has confirmed that, for the most part, what goes on at Lloyd’s cannot be scrutinised by the ordinary courts.

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