Lord Napier and Ettrick v Hunter

Hearings

England & Wales

06 Dec 1992 QBD (Saville J)

09 Jul 1992 [1993] 1 Lloyd's Rep 10; The Times, 17 July 1992, CA (Dillon, Staughton and Nolan L.JJ.)

10 Dec 1992 [1993] AC 713; [1993] 2 WLR 42; [1993] 1 All ER 385; [1993] 1 Lloyd's Rep 197, HL(E) (Lord Templeman, Lord Goff of Chieveley, Lord Jauncey of Tullichettle, Lord Browne-Wilkinson and Lord Slynn of Hadley)

Subject Matter

INSURANCE — Subrogation — Payment by insurers — Members of Lloyd's syndicate insured by stop loss insurers against underwriting losses — Claims against stop loss insurers under policies met — Settlement of action by members against syndicate's managing agents for negligence and breach of duty occasioning losses settled — Whether stop loss insurers having enforceable equitable interest in settlement moneys — Policy excess — Whether assureds entitled to deduct from sum to be paid to stop loss insurers by way of subrogation — Equitable relief — Whether stop loss insurers entitled to injunction restraining solicitors from paying settlement moneys to assureds

[1993] AC 713; [1993] 2 WLR 42; [1993] 1 Lloyd's Rep 10

Appellate History

Lord Napier and Ettrick v Hunter [1993] 1 Lloyd's Rep 10; The Times, 17 July 1992, CA

Decision of the Court of Appeal reversed in part

Lord Napier and Ettrick v Hunter [1993] AC 713; [1993] 2 WLR 42; [1993] 1 All ER 385; [1993] 1 Lloyd's Rep 197, HL(E)

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