MANNING THE SOCIETY OF LLOYD’S THE SOCIETY OF LLOYD’S v COLFOX, COLFOX, HARRIS AND HICKS PHILIPS THE SOCIETY OF LLOYD’S

[1998] Lloyd's Rep IR 186

QUEEN’S BENCH DIVISION COMMERCIAL COURT

BEFORE MR JUSTICE MANCE

Lloyd’s - Reconstruction and Renewal Plan (R&R) - Contract - Offer and counter-offer - Acceptance - “Reconstruction and Renewal Settlement Offer” - Acceptance Form returned by individual Names with counter-offer made by alterations of or additions and/or covering letter to Acceptance Form - Return of photocopied acceptance form by junior Lloyd’s staff stamped “RECEIVED” and “ACCEPTANCE” - Whether that constituted objectively to Name in relevant Names position an acceptance of his counter-offer - Applications by Lloyd’s for summary judgment - Whether each relevant Name had arguable defence that it constituted such an acceptance of his counter-offer or whether there was fair and reasonable probability of Name having real or bona fide defence.