MARCHANT & ELIOT UNDERWRITING LTD. v. HIGGINS

[1996] 2 Lloyd's Rep. 31

COURT OF APPEAL

Before Lord Justice Leggatt Lord Justice Rose and Lord Justice Roch

Lloyd’s litigation - Cash call - Summary judgment - Defendant appointed plaintiffs as managing agent on terms of standard agreement - Managing agents made cash call on defendant pursuant to cl. 7 - Defendant pleaded art. 85 of Treaty of Rome - Whether cl. 7 prohibited as incompatible with common market - Whether defendant had arguable defence - Whether plaintiff entitled to summary judgment.