Disclosure of documents

In Insurance Law Monthly ( Volume 17:August 2005 (pp5–8)) detailed consideration was given to the judgment of Christopher Clarke J in Goshawk Dedicated Ltd v Tyser & Co Ltd [2005] Lloyd’s Rep IR 379. In that case the learned judge rejected an application by Lloyd’s underwriters for sight of brokers’ placing and claims files and of premium information, on the ground that the documents belonged to the assured and could not be disclosed by the brokers without the consent of the assured. The decision focused on the agency relationship between the assured and the brokers. The Court of Appeal, Goshawk Dedicated Ltd v Tyser & Co Ltd [2006] EWCA Civ 54, has now overturned the trial judge’s decision in a judgment which emphasises the dual role of Lloyd’s brokers. The leading judgment in the Court of Appeal was delivered by Rix LJ.