header-logo header-logo

10 June 2016 / Cathrine Grubb
Issue: 7702 / Categories: Features , Insurance / reinsurance
printer mail-detail

Cutting out the middleman

nlj_7702_grubb

Cathrine Grubb examines the impact of the coming into force of the Third Parties (Rights Against Insurers) Act 2010

Since the coming into force of the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930), those who have suffered loss at the hands of an insured person who becomes bankrupt/insolvent have been able to enforce their rights against the insurer. However, a potential third party claimant is unable to enforce such rights until first establishing liability against the insured. Generally, this would mean issuing proceedings against the insured, which in the case of a dissolved company would also require an application to restore it to the Companies Register under s 1029 of the Companies Act 2006 (CA 2006).

The only current exception to the inability to sue the insurer directly, are claims brought under para 2 of the European Communities (Rights Against Insurers) Regulations 2002 (SI 2002/3061). Paragraph 2 applies to most cases arising out of a road traffic accident on a public road in the UK, for which there is a relevant insurance

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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll