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Henderson v Merrett Syndicates Ltd [1994] UKHL 5 is a leading case concerning concurrent liability in contract and tort.It concerned a Lloyd’s syndicate which shipped heavy losses as a result of insurance claims following hurricane damage in the US. Lord Browne-Wilkinson in Henderson v Merrett Syndicates Ltd To ensure our members appreciate why they cannot meet the fiduciary standard, it is essential to examine the key elements of the Law Commission’s 1992 report. Issue: Was a duty of care owed? Henderson and Ors v Merrett Syndicates Ltd and Ors - House of Lords (Lord Keith, Lord Goff, Lord Browne-Wilkinson, Lord Mustill and Lord Nolan) - [1994] 3 WLR 761. Henderson v Merrett concerned a claim for economic loss for negligent advice, which the court found was, on the same grounds as previous authorities, clearly recoverable. Delictual Liability. Critical analysis requires that you weigh the benefits and disadvantages of the use of assumption of responsibility. Henderson v Merrett [1994] 3 All ER 506 Case summary last updated at 03/01/2020 17:30 by the Oxbridge Notes in-house law team. Henderson v Merrett Syndicates (BAILII: [1994] UKHL 5) [1995] 2 AC 145, [1994] 3 All ER 506 Henthorn v Fraser [1892] 2 Ch 27 Herne Bay Steamboat v Hutton [1903] 2 KB 683 (ICLR) (CA) Henderson v Merrett Syndicates [1994] UKHL 5 | Practical Law (H.L.(E.)) Rather than analyse 'concurrence' as a straight contest between rules of tort or contract, we ar-gue that the better way is to distinguish between the different situations in which tortious and contractual liabilities may arise and analyse each situation accordingly. 247 and 265. The current test for determining assumption of responsibility was set out in Henderson v Merrett Syndicates Ltd (No. Henderson v Merrett Syndicates Ltd: lt;p|> ||||Henderson v Merrett Syndicates Ltd|| [1994] contract. Henderson v Merrett Syndicates Ltd [1995] 2 AC 145 Facts: The plaintiffs made substantial losses through investing in Syndicates, negligently managed by the defendants. Whether concurrent duties can be owed in tort and contract - Whether “Hedley Byrne” principle applies where relevant services were rendered under a contract Judgement for the case Henderson v Merrett Ps entered a syndicate whereby Ds would manage their funds. 5 minutes know interesting legal matters Henderson v Merrett Syndicates [1994] 3 All ER 506 HL (UK Caselaw) Relevant cases include: Henderson v Merrett, Spring v Guardian Insurance, Williams v Natural Life,and Customs & Excise v Barclays Bank. To meet the fiduciary standard one must meet the following four conditions: 1. The relationships between the "names", and member's agents were regulated by Why Henderson v Merrett Syndicates Ltd is important. obligations of underwriting agents. Henderson v Merrett Syndicates Ltd. Henderson v Merrett Syndicates Ltd [1994] UKHL 5 was a landmark House of Lords case. 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 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. It established the possibility of concurrent liability in both tort and contract . To establish a dut Henderson v Merrett Syndicates [1995] 2 AC 145 Junior Books Ltd v Veitchi [1982] 3 WLR 477 . henderson v. merrett syndicates ltd. and others and ernst & whinney hallam-eames v. same hughes and others v. merrett syndicates ltd. and others merrett and ernst & whinney [1997] lrlr 265 queen’s bench division (commercial court) mr. justice cresswell: Henderson v Merrett Syndicates Ltd shows the application of the assumption of responsibility test. ↑ Pirelli Cable Works Ltd v Oscar Faber & Partners Ltd [1983] 2WLR 6. Henderson -v- Merrett Syndicates and others Andrew Wales QC [1997] L.R.L.R. Investors, acting in syndicates, in the Lloyds of London insurance market, (the ‘Names’) brought claims arising out of losses incurred in the 1980s. It established the possibility of concurrent liability in both tort and contract. Henderson v Merrett Syndicates Ltd. 2. 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. Henderson v Merrett Syndicates Ltd [1994] UKHL 5 was a landmark House of Lords case. Contents Facts. Henderson v Merrett Syndicates Ltd [1994] UKHL 5 was a landmark House of Lords case. Could there be indirect liability to investors from the underwriting agents, to … Henderson v Merrett Syndicates (BAILII: [1994] UKHL 5) [1995] 2 AC 145, [1994] 3 All ER 506 Herd v Weardale Steel Coal & Coke Co Ltd (BAILII: [1914] UKHL 2 ) [1915] AC 67 Hicks v Chief Constable of the South Yorkshire Police (BAILII: [1991] UKHL 9 ) [1992] 2 All ER 65, [1992] PIQR P433 This information is only available to paying isurv subscribers. It established the possibility of concurrent liability in both tort and contract . Henderson V Merrett Syndicates Ltd. February 18, 2016 Joshua Brown Concurrent Liability. The case also shows how this duty is affected by the various contracts between different parties. ... November 27, 2020 Apache North Sea Ltd v Euroil Exploration Ltd [2020] EWCA Civ 1397 David Allen QC and Henry Moore appeared for Apache before the Court of Appeal in a significant oil and gas case. Claims for negligent management of investment fund, where Henderson was a ‘name’ (an investor) and Merrett was an underwriting agent; Issue. Henderson and Ors v Merrett Syndicates Ltd and Ors - House of Lords (Lord Keith, Lord Goff, Lord Browne-Wilkinson, Lord Mustill and Lord Nolan) - [1994] 3 WLR 761 Whether concurrent duties can be owed in tort and contract - Whether “Hedley Byrne” principle applies where relevant services were rendered under a contract They acted for the appellant and proposed cross-respondent. If the law of limitation is reformed as the Law Commission has proposed, then it might be possible to redefine the law on concurrent liability. Held: The House of Lords found a duty of care existed as the defendant had negligently performed a professional service. It established the possibility of concurrent liability in both tort and contract. The House of Lords , also known as the House of Peers , is the upper house of the Parliament of the United Kingdom. It examines the different approaches to concurrent remedies in various jurisdictions from the 1) [8]. Henderson v Merrett Syndicates Ltd [1995] 2 AC 145. 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 Devlin in that case including a passage in the speech of Lord Devlin where he considered the sort of (2) Henderson v Merrett – A general duty of care to prevent pure economic loss? 1 page) McFarlane v Tayside Health Board [2000] 2 AC 59 Parkinson v St James [2001] 3 WLR 376 Rees v Darlington Memorial Hospital NHS Trust [2003] 3 WLR 1091 Reid v Rush & Tompkins Plc [1990] 1 … There is a conceptual distinction amongst torts and contracts, and in the Maltese Civil Code these two sources are dealt with in various sections of the law. Henderson v Merrett Syndicates Ltd [1994] 2 AC 145 was a landmark House of Lords case. Henderson v Merrett Syndicates Ltd [1995] Facts. The specific purpose is to argue that the common law took a wrong turning in Henderson v Merrett [1995] 2 AC 45 and that the House of Lords drew an inappropriate conclusion from its use of comparative law. Author: Joe Thomson Publisher: Bloomsbury Professional Edition: Fifth edition Law Stated At: 1/9/2014 Henderson v Merrett Syndicates [1994] UKHL 5 (25 July 1994) Practical Law Case Page D-000-1263 (Approx. Where a person assumes responsibility to perform professional services for someone who relies on those services, a duty in tort to exercise reasonable skill and care can arise, even if the services are performed under a contract between those parties (Henderson v Merrett, differing from Tai Hing v Liu Chong Hing). There is a very good, detailed and famous, but looong, monograph about all of this from then LLB honours student, now New Zealand Court of Appeal judge Christine French, which was published in the Otago Law Review in 1983 and reverentially praised in Henderson v Merrett. 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