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Insurance Law Monthly

Lloyd’s

In Poole v Her Majesty’s Treasury [2006] EWHC 2731 (Comm) the question was whether the UK Government was in breach of its obligations under European Community law on the ground that it had failed to implement the EC’s Insurance Directives so as to extend solvency regulation to the Lloyd’s market. The claimants, Lloyd’s Names, sought damages from the UK Government for breach of its obligations, having failed to obtain damages from Lloyd’s itself. In a lengthy judgment which reviewed both the nature of the Directive and the history of claims by Names, Langley J held that the Directive did not confer individual rights upon Names and in any event their claim was time-barred.

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