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18 August 2015 / Francesca Kaye , Elliot Elsey
Issue: 7666 / Categories: Features , Litigation trends
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Worth the wait?

Francesca Kaye & Elliot Elsey herald the coming into force of the Third Parties (Rights Against Insurers) Act 2010

Knowledge is power and an important tool in the management of risk in litigation. 

For the claimant, the ability to recover its losses is the ultimate validation of litigation and is at its most uncertain following recession. As recession recedes, a potential claimant will often only have an insolvent party (and more importantly its insurance policy) to pursue.

Typically these claims relate to negligent advice, and the injured party needs to know if the insolvent insured’s professional indemnity policy will respond to the claim, or whether good money is being thrown after bad. 

Insurers have long limited claimants’ rights to access information about policies as an effective tool to increase the perception of risk and encourage the abandonment or settlement of claims on significantly reduced terms. 

Third parties’ rights to information about the insolvent insured’s policies will increase significantly with the imminent introduction of long overdue legislation. 

Good things come… 

The Third

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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