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This site is based on Disciplinary and Regulatory Proceedings, 8th Edition
Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of law. For 20 years it has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation.

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

 

Examples of Disciplinary Codes »