Henderson v Merrett Syndicates

Parliamentary Archives,
HL/PO/JU/18/254

Arbuthnott (and others) (Respondents) v. Fagan and Feltrim
Underwriting Agencies Limited (and others) (Appellants) and

two other actions (1st Appeal)

Arbuthnott (and others) (Respondents) v. Fagan and Feltrim
Underwriting Agencies Limited (and others) (Appellants) and

two other actions (2nd Appeal)

Deeny (and others) (Respondents) v. Gooda Walker Limited (In
Voluntary Liquidation) (and others) (Appellants)

(Conjoined Appeals)

Henderson (and others) (Respondents) v. Merrett Syndicates
Limited and others (Appellants) and two other actions

JUDGMENT

Die Lunae 25° Julii 1994

Upon Report from the Appellate Committee to whom were
referred the Appeals Arbuthnott (and others) against Fagan and
Feltrim Underwriting Agencies Limited (and others) and two other
actions (two appeals), Deeny (and others) against Gooda Walker
Limited (and others) and Henderson (and others) against Merrett
Syndicates Limited and others and two other actions, That the
Committee had heard Counsel as well on Tuesday the 15th as on
Wednesday the 16th, Thursday the 17th, Tuesday the 22nd,
Wednesday the 23rd, Thursday the 24th and Monday the 28th days
of March last upon the Petitions and Appeals of the Defendants
listed in the Schedule to the Writs of Summons in Actions 1992
Folios 1856, 2423 and 3383; of Feltrim Underwriting Agencies
Limited of Friary Court, 65 Crutched Friars, London EC3N 2NP; of
the Defendant Members' Agents listed in Schedules 4 to 20, 22 to
48 and 50 to 69 of the re-amended Writ of Summons in Action 1993
Folio 335; and of Merrett Syndicates Limited and Merrett
Underwriting Agency Management Limited, both of Arthur Castle
House, 33 Creechurch Lane, London EC3A 5EB, praying that the
matter of the Orders set forth in the Schedules thereto, namely
Orders of Her Majesty's Court of Appeal of the 13th day of
December 1993, might be reviewed before Her Majesty the Queen
in Her Court of Parliament and that the said Orders might be
reversed, varied or altered or that the Petitioners might have
such other relief in the premises as to Her Majesty the Queen in
Her Court of Parliament might seem meet; as upon the cases of
Hugh Sinclair Arbuthnott and John Keithley Oxley Arbuthnott (and
the others listed in the first Schedules to the Writs of Summons
in Actions 1992 Folios 1856, 2423 and 3383); of Michael Eunan
McLarnon Deeny (and the others listed in Schedules 1 to 71 of the
Writ of Summons in Action 1993 Folio 335); and of Ian McIntosh
Henderson, William Hallam-Eames and Elise Heckman Hughes (and the
others listed in the Schedules to the Writs of Summons in Actions
1992 Folio 1496 and 1993 Folios 145 and 545) lodged in answer to
the said Appeals; and due consideration had this day of what was
offered on either side in this Cause:

Judgment: 25 July 1994

HOUSE OF LORDS

ARBUTHNOTT (AND OTHERS) (RESPONDENTS) v. PAGAN AND FELTRIM
UNDERWRITING AGENCIES LIMITED (AND OTHERS) (APPELLANTS)
AND TWO OTHER ACTIONS (1ST APPEAL)

ARBUTHNOTT (AND OTHERS) (RESPONDENTS) v. PAGAN AND FELTRIM
UNDERWRITING AGENCIES LIMITED (AND OTHERS) (APPELLANTS)
AND TWO OTHERS ACTIONS (2ND APPEAL)