A chink in the Henderson armour.
In a recent civil action, the House of Lords reinterpreted what is known as the Henderson principle. Insurers and brokers should be on their guard.
Brokers will recall the controversy over the criminal law's 'doublejeopardy' rule arising from the Stephen Lawrence affair. Politicians,
lawyers and the police were embroiled in a debate over a set of alleged
murderers whom large numbers of people believe were guilty, but who could
not be brought to book because they had already been tried and
acquitted.
There is an equivalent principle in civil cases known as res judicata.
This, as set out in the case of Henderson v Henderson, states that a party
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