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.