header-logo header-logo

Home Login E-newsletter About us
22 September 2017 / Roger Franklin
Issue: 6672 / Categories: Features , Insurance / reinsurance
printer mail-detail

Third parties rights against insurers: old versus new

© Copyright LexisNexis 2026. All Rights Reserved.
nlj_7762_franklin_0

When it comes to Third Parties (Rights Against Insurers), where the 1930 Act applies, the 2010 Act does not. Roger Franklin explains

  • The provisions of the Third Parties (Rights Against Insurers) Act 2010 shall not have retrospective effect so as to circumvent the less attractive former regime under the 1930 Act.

It is now more than a year since the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act) came into force and a number of cases are starting to bring the statutory reform to the forefront of judicial scrutiny. In the recent judgment of Redman v (1) Zurich Insurance Plc and (2) ESJS1 Ltd [2017] EWHC 1919 (QB), All ER (D) 07 (Aug), Turner J made it clear that the provisions of the 2010 Act shall not have retrospective effect so as to circumvent the less attractive former regime.

Recap

The aim of the statutory reform and the introduction of the 2010 Act was to replace the previous regime set out in the Third Parties (Rights Against Insurers)

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

Read All
Sponsored by
Speechlive LogoClick to know more
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
Read All
NLJ this week: Planning’s direct route
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
NLJ this week: The cost of uncertainty
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
NLJ this week: Parliament’s curious exit
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
NLJ this week: Family ties count
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
NLJ this week: Thirlwall inquiry’s unfinished business
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
Copyright © 2026 LexisNexis
back-to-top-scroll