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Third Parties (Rights against Insurers) Act 2010

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This is an old revision of this page, as edited by BobKilcoyne (talk | contribs) at 19:17, 26 November 2022 (Delay before implementation; removed hatnote: more secondary citations than primary). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

The Third Parties (Rights against Insurers) Act 2010 received Royal Assent on 25 March 2010. Its long title describes it as

An Act to make provision about the rights of third parties against insurers of liabilities to third parties in the case where the insured is insolvent, and in certain other cases.[1]

It came into force on 1 August 2016,[2] over six years after its Royal Assent. The delay holding back its "long awaited" implementation was related to certain shortcomings concerning business insolvency, administration and dissolution, which were addressed in the Insurance Act 2015.[3]

The Third Parties (Rights against Insurers) Act 1930, and its Northern Ireland equivalent, the Third Parties (Rights Against Insurers) Act (Northern Ireland) 1930, were repealed by the 2010 Act.[1]: Schedule 4  In 2001, the Law Commission of England and Wales and the Scottish Law Commission reviewed the 1930 legislation and found that it was not working as well as it should. The two Commissions' final report set out proposals for reform which were largely reproduced in the new Act.[2]

The 1930 Acts continue to apply in certain circumstances.[4]

References

  1. ^ a b UK Legislation, Third Parties (Rights against Insurers) Act 2010, accessed 10 August 2022
  2. ^ a b Pinsent Masons, Third Parties (Rights against Insurers), published 6 January 2016, accessed 10 June 2022
  3. ^ Wilson Browne LLP, The long awaited Third Parties (Rights against Insurers) Act 2010 (“the Act”) comes into force on 1 August 2016, accessed 26 November 2022
  4. ^ Kinsey, J., Third Parties Rights against Insurers: A review and cautionary tales for claimants, Exchange Chambers, published 15 June 2020, accessed 15 November 2022