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12 January 2018 / Derek Adamson
Issue: 7776 / Categories: Features , Profession , Insurance / reinsurance
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A not so simple solution

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Derek Adamson discusses the current issues with the Third Parties (Rights against Insurers) Act 2010, & suggests some improvements

On 1 August 2016, the Third Parties (Rights against Insurers) Act 2010 (the 2010 Act) came into force. This well-intentioned legislation 80 years after its predecessor of the same name (the 1930 Act) was supported by insurers and claimants as it streamlined the process for recovery of damages in long-tail disease litigation. The new statute permits an action against the insurer of an insolvent tortfeasor directly rather than restoring the insured company and obtaining judgment before being able to enforce against the insurer. The legal costs of restoration and the resultant delay would be avoided. A win-win for all… or so it seemed.

During 2017, as the impact of the new law bedded in, two issues relating to mesothelioma and asbestos-related lung cancer claims emerged. A key transitional provision is that where the insolvency event and the incurring of liability both take place before 1 August 2016, the 1930 Act continues to apply.

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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