Society of Lloyd's
| Website | http://www.lloyds.com |
| Tribunal rules | Lloyd’s Act 1982, and Enforcement Byelaw (No 6 of 2005) .See also Legislative Reform (Lloyd’s) Order 2008, 17 July 2008, extending the composition of Tribunals. |
| Code of Standards, etc | Various codes of practice |
| Grounds for disciplinary proceedings |
Misconduct to include; Contravention of
Lloyd’s Acts, bye-laws, regulations, r
directions or order of the Enforcement
Board, Enforcement Tribunal or Appeal
Tribunal. Engaging in or being associated with any discreditable conduct, whether or not connected with the business of insurance Conduct that is detrimental to the interests of the Society, members, underwriting agents, policyholders, or others doing business at Lloyd’s |
| Powers of administrative suspension? | Yes, Intervention Orders |
| Settlement/conciliation procedures available? | Yes, but after proceedings have commenced, before the Disciplinary Board or Tribunal |
| Who investigates? | By such persons as the Council may nominate |
| Power of entry/search and seizure? | Duty to afford investigators all reasonable facilities in inspecting and copying documents, etc |
| Power to demand information? |
Yes Power of subpoenas 7(4) of Lloyd’s Act 1982 in both disciplinary proceedings and appeals |
| Pre-trial hearing? | Yes |
| Discovery of documents? | Yes |
| Pleadings? | Yes |
| Tribunal | The Lloyd’s Enforcement Tribunal and Enforcement Board. |
| Address |
The Secretary to the Enforcement
Tribunal Lloyd’s 1 Lime Street London EC3M7HA |
| Legally qualified chairman? | Yes |
| Tribunal includes lay element? | Yes– working and non-working members of Lloyd’s, directors of corporate members, employees of underwriting agents ()FSA approved) and Lloyd’s Brokers. |
| Tribunal has legal assessor/clerk? | No |
| Evidence heard on oath? | Yes (Lloyd’s Act 1982,s 7(4)(a)) |
| Prosecution conducted in name of | The Council of Lloyd’s |
| Prosecution usually conducted by | External counsel |
| Judicial rules of evidence apply? | No, Tribunal free to determine its own procedures |
| Standard of proof | Civil |
| Maximum fine | No |
| Costs against prosecutor? | Yes |
| Power to order compensation? | Yes, via an order of restitution. |
| Proceedings open to public? | At defendant’s request at the discretion of the Tribunal |
| Reasons given for decisions? | Yes |
| Where are decisions reported? | Yes, see website. Notices of censure posted in the room |
| Alternative to full disciplinary proceedings? | Yes, A decision of the Enforcement Committee approving terms of settlement. |
| Ombudsman | The Lloyd’s Members’ Ombudsman |
| Address | c/o Society of Lloyd’s |
| Powers and duties | Deals with complaints from members or former members of injustice relating to alleged maladministration |
| Appellate tribunal | Appeal Tribunal, on broad judicial review principles and only if it is satisfied that “substantial injustice” has occurred. |
| Is right of appeal limited? | No appeal from settlements, nor, without leave, findings in default of a defence |
| Costs against prosecutor? | Yes |
| Right of appeal by prosecutor? | No |
Categories: Examples of disciplinary codes