Henderson v Merrett Syndicates Ltd [1995] 2 AC 145. Case summary last updated at 19/01/2020 12:35 by the These cookies do not store any personal information. But opting out of some of these cookies may have an effect on your browsing experience. The Names sued the shareholding company for mismanagement and negligence. Ps entered a syndicate whereby Ds would manage their funds. (1995) 2 AC 145 at 182. Henderson v Merrett Syndicates United Kingdom House of Lords (25 Jul, 1994) 25 Jul, 1994; Subsequent References; Similar Judgments; Henderson v Merrett Syndicates [1994] 3 All ER 506 [1995] 2 AC 145 [1994] UKHL 5. HL held that the more “indirect” plaintiff could still claim for tort damages as the relationship was proximate enough.Â, Lord Goff: This type of relationship (investor and managing agent) is a typical circumstance where the Hedley-Byrne rules apply. Henderson v Merrett Syndicates Ltd shows the application of the assumption of responsibility test. In this case, there was a duty of care not to cause pure economic loss to both groups of claimants for the following reasons: Your email address will not be published. Pure economic loss may arise in cases where there is no physical damage but loss has been caused by a negligent statement, rather than a negligent action. It established the possibility of concurrent liability in both tort and contract . Henderson v Merrett Syndicates Ltd [1995] 2 AC 145; This case concerned the near collapse of Lloyd's of London when hurricanes in United States devastated its property holdings. and terms. students are currently browsing our notes. Oxbridge Notes is a trading name operated by You also have the option to opt-out of these cookies. Unlike the law of contract (where obligations are consensual in … Ps entered a syndicate whereby Ds would manage their funds. Claims for negligent management of investment fund, where Henderson was a ‘name’ (an investor) and Merrett was an underwriting agent; ... [1995] 2 AC 145. Henderson v. Merrett Syndicates Ltd. (HL(E)) 1995 2AC 145 Facts: The plaintiffs were Lloyd's "names" who were members of syndicates managed by the defendant underwriting agents. Company registration No: 12373336. These cookies will be stored in your browser only with your consent. Cases & Articles Tagged Under: Henderson & Ors v Merrett Syndicates Ltd & Ors [1995] 2 AC 145 | Page 1 of 1 Khouj v Acropolis Capital Partners Limited & anr [2016] EWHC 2120 (Comm) WTLR Issue: January/February 2017 #166 A case which usefully illustrates the difference between damage, economic loss arising from personal injury and/or damage to property and pure economic loss is Spartan Steele v Martin . Relying on his own judgment in Spring v Guardian Assurance, Lord Goff again emphasized the concept of voluntary assumption of responsibility drawn from Hedley Byrne. A v Home Secretary [2004] A v Roman Catholic Diocese of Wellington [2008, New Zealand] Contents. ©2010-2020 Oxbridge Notes. CITATION CODES. This paper evaluates Henderson v. Merrett Syndicates Ltd, a case that is structured under contract and tort law, in the context of concurrent remedies. [1995] 2 AC 145, [1994] 3 All ER 506, Times 26-Jul-1994, [1994] UKHL 5, [1994] 3 WLR 761 Bailii England and Wales Citing: Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963 Banker’s Liability for Negligent Reference The appellants were advertising agents. The House of Lords , also known as the House of Peers , is the upper house of the Parliament of the United Kingdom. A different view has however been expressed by Deane J. in Hawkins v. In respect of the question of ‘concurrency’ (liability in both contract and tort on the same facts) Lord Goff examined the case of Hedley Byrne and considered whether the principle of ‘voluntary assumption of responsibility should apply only in the absence of a contract. Jack Kinsella. Limitation Act section 33. The agents held themselves out as having a special skill, they knew that Ps would be implicitly relying on their advice, since Ps gave Ds the authority to take out insurance etc for them. 33 (a decision of the Full Court of the Supreme Court of Queensland) and Macpherson & Kelley v. Kevin J. Prunty & Associates [1983] 1 V.R. Facts. Henderson v Merrett Syndicates Ltd [1995] Facts. Why Henderson v Merrett Syndicates Ltd is important. That is not the case." This category only includes cookies that ensures basic functionalities and security features of the website. Henderson v Merrett Syndicates Ltd (1995) 2 AC 145 at 180 per Lord Goff; Williams v Natural Life Health Foods Ltd (1998) 1 WLR 829 at 834 per Lord Steyn. In addition as Lord Browne-Wilkinson pointed out in Henderson v Merrett Syndicates Ltd [1995] 2 AC 145, 206: "The phrase "fiduciary duties" is a dangerous one, giving rise to a mistaken assumption that all fiduciaries owe the same duties in all circumstances. 84. The case arose of losses suffered by investors in the Lloyds Insurance market in London during the 1980s. The case arose of losses suffered by investors in the Lloyds Insurance market in London during the 1980s. Henderson v Merrett Syndicates Ltd [1994] UKHL 5 was a landmark House of Lords case. He noted that Hedley Byrne was founded on earlier case law in which there was concurrent liability in contract and in tort which was not solely for negligent statements but extended to professional services more generally. Lord Goff argued that they could choose to sue the agents either in contract or in tort. Henderson v Merrett Syndicates Ltd UKHL 5 was a landmark House of Lords case. [1995] 2 AC 145 Contract administration Unlike contractors, professional consultants (such as engineers and architects) owe their contractual clients a concurrent and coextensive duty of care in tort in relation to the provision of their services. The relationships between the "names", and member's agents were regulated by (1995) 2 AC 145. Contents No Acts. Setting a reading intention helps you organise your reading. 82. William McIlroy Swindon Ltd and Rannock Investments Ltd v Quinn Insurance Ltd [2010] EWHC 2488. Like Oliver J in the earlier case of Midland Bank Trust v Hett, Lord Goff considered that the Hedley Byrne principle of ‘voluntary assumption of responsibility’ could give rise to a claim in tort in contractual situations. Registered office: Unit 6 Queens Yard, White Post Lane, London, England, E9 5EN. Type Legal Case Document Is part of Journal Title *145 Henderson and Others Respondents v Merrett Syndicates Ltd. and Others Appellants. Necessary cookies are absolutely essential for the website to function properly. We also use third-party cookies that help us analyze and understand how you use this website. recent case of Henderson v Merrett Syndicate Ltd12, Lord Goff, in looking for the principle which underlay the decision in Hedley Byrne, referred to passages in the speeches of Lord Morris and Lord ... [1995] 2 AC 145, [1994] 3 All ER 506. This website uses cookies to improve your experience while you navigate through the website. ATTORNEY(S) ACTS. It established the possibility of concurrent liability in both tort and contract . privacy policy. That help us analyze and understand how you use this website uses cookies to improve your experience you! 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