Practice and Procedure – Postponement or Stay – Transfer/Hearing Together An employment judge had erred in law in deciding that he lacked jurisdiction to determine a claim under the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act) arising between the claimant and the insurer of the insolvent first respondent. The employment tribunal was … Continue reading Watson v Hemingway Design Ltd and Others: EAT 16 Dec 2019
Application by the Defendant for summary judgment against or the strike out of the Claimant’s claim against it. DCL claims to be entitled to claim against AIG as the statutory assignee of rights of an incorporated firm of solicitors, which was covered by professional indemnity insurance issued by AIG Judges: The Hon Mr Justice Butcher … Continue reading Doorway Capital Ltd v American International Group Uk Ltd: ComC 3 Feb 2022
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
RoadPeace challenged certain legislation, as to compulsory insurance for motor vehicles, and for payment of compensation for personal injury and damages caused by uninsured driver, saying that it failed properly to implement European law. Held: Ouseley J recorded and accepted the view of the Secretary of State for Transport and the Motor Insurers’ Bureau that … Continue reading RoadPeace v Secretary of State for Transport: Admn 7 Nov 2017
[2019] EWHC 43 (QB) Bailii Third Parties (Rights Against Insurers) Act 2010 England and Wales Insurance Updated: 17 January 2022; Ref: scu.632725
Mr David Railton QC [2021] EWHC 2827 (Comm) Bailii Third Parties (Rights against Insurers) Act 2010 England and Wales Insurance Updated: 16 November 2021; Ref: scu.668657
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The claimants sought to claim for personal injuries against the defendant company, now in administration, and their insurers using the 1930 Act. The insurers said they were not liable to indemnify the company. The parties disputed the standing of an agreement with the third party manufacturers to settle the claim. Held: Despite any unwelcome result, … Continue reading Horwood and Others v Land of Leather Ltd and Others: ComC 18 Mar 2010
Judges: Mr Justice Wyn Williams Citations: [2010] EWHC 26 (QB), [2010] Lloyd’s Rep IR 309 Links: Bailii Statutes: Third Parties (Rights Against Insurers) Act 1930 Jurisdiction: England and Wales Insurance, Legal Professions Updated: 15 August 2022; Ref: scu.393399
Judges: Edwards-Stuart J Citations: [2010] EWHC 2448 (TCC), [2011] BLR 136, 133 Con LR 181 Links: Bailii Statutes: Third Parties (Rights Against Insurers) Act 1930 Jurisdiction: England and Wales Insurance, Arbitration, Construction Updated: 13 June 2022; Ref: scu.424993