header-logo header-logo

22 September 2017 / Roger Franklin
Issue: 6672 / Categories: Features , Insurance / reinsurance
printer mail-detail

Third parties rights against insurers: old versus new

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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll