Third Parties Act 2010: Ending the uncertainty
After a wait of 80 years, the Third Parties Act has finally been reformed. Nicola Billen looks at the problems with the original and how the new Act shapes up.
The Third Parties (Rights against Insurers) Act 1930 allows a claimant to pursue a defendant's insurer directly. Effectively, the insured's right to recover against the insurer is transferred to the third party.
With no amendments since 1930, however, it has many deficiencies and on 31 July 2001 the Law Commission and Scottish Law Commission published a report recommending reform, which led to a bill being introduced in Parliament on November 2009. It received Royal Assent on 25 March 2010 and
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