header-logo header-logo

10 December 2009 / James Sharpe , David Hertzell
Issue: 7397 / Categories: Features , Procedure & practice
printer mail-detail

Streamlining liability

David Hertzell & James Sharpe chart the history & progress of the Third Parties Bill

The Third Parties (Rights against Insurers) Bill was introduced in the House of Lords last month. The Bill follows the widely supported recommendations of the Law Commission and the Scottish Law Commission, published in 2001.

The Bill replaces the Third Parties (Rights against Insurers) Act 1930 (and its Northern Ireland equivalent). The 1930 Acts sought to deal with the problem highlighted in Re Harrington Motor Company [1928] Ch 105. The claimant was injured by a car belonging to an insured company.

He won damages, but the company was wound up before he could enforce the judgment. The court ruled that the insurance proceeds were part of the assets of the company, to be distributed among the creditors, denying the victim his full payment.

The 1930 Acts are not just confined to road traffic cases, but apply generally. When an insured is liable to a third party, eg an employee, and the insured becomes insolvent, the Acts transfer the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
back-to-top-scroll