header-logo header-logo

12 January 2018 / Derek Adamson
Issue: 7776 / Categories: Features , Profession , Insurance / reinsurance
printer mail-detail

A not so simple solution

nlj_7776_adamson

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.

Issue 1: claims under the 2010 Act may not be seen

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll