UK COURT OF APPEALS AFFIRMS RULING THAT LLOYD’S NAMES CAN NOT SUE NATIONAL GOVERNMENT OVER IMPLEMENTATION OF AN EEC INSURANCE DIRECTIVE
On November 28, 2006, we reported on a ruling by the UK Commercial Court that Lloyd’s Names did not have a cause of action against the government for alleged damages due to the improper implementation of an EEC Insurance Directive. The UK Court of Appeals has affirmed that decision, holding that the assumed failure to transpose the requirements of the Insurance Directive into national law can not be the basis for claims against the national government by the Names. Having disposed of the appeal on this issue, the Court of Appeals did not reach the alternative holding that the claims of the Names were barred by the statute of limitation. Poole v. Her Majesty’s Treasury [2007] EWCA Civ 1021 (Oct. 24, 2007).
This post written by Rollie Goss.
