DENNEHY v. BELLAMY.

(1938) 60 Ll L Rep 269

COURT OF APPEAL.

Before Lord Justice Greer, Lord Justice Slesser and Lord Justice Clauson.

Insurance-Practice-Stay of action-Employers' liability policy taken out by B with defendant underwriter - Accident sustained by plaintiff while employed in B's service-Action brought by plaintiff against B-Liability of defendant underwriter under policy - Liability repudiated - Arbitration under clause in Scott v. Avery form - Adjournment of proceedings - Judgment for £2480 recovered by plaintiff against B - Bankruptcy of B-Claim by plaintiff to be indemnified under policy - Application by defendant to stay action- Order of Wrottesley J., (reversing Master), staying action - Appeal by plaintiff-Discretion of learned Judge -Arbitration Act, 1934, Sect. 3 (4).