Limitation Periods, Insolvency & Insurers, Trinity Barrister, James Reckitt скачать в хорошем качестве

Limitation Periods, Insolvency & Insurers, Trinity Barrister, James Reckitt

As one of the speakers at Trinity Chambers' 2024 Business & Property Court Conference held in Newcastle, Business & Property barrister, James Reckitt delivered a session entitled: 'The Good, The Bad & The Miserly’ - Limitation Periods, Insolvency & Insurers The Third Parties (Rights Against Insurers) Act 2010 allows a claimant to bring a claim directly against the insurer of an insolvent defendant if the subject of the claim is insured. However, what limitation period applies in respect of such a claim? As James details in his presentation, this apparently straightforward question has a very complicated answer. In March 2024, the Court of Appeal considered the issue in Alam (and others) v HDI Global Specialty SE, but a settlement was reached before submissions were concluded, and no judgment was given. The issue that arose in Alam was that the limitation period for a claim against the insured prima facie expired two weeks before the claim form was received at Court, but after a winding up order had been made in respect of the installer. Therefore, if the claim had been brought on the date on which the winding up order was made, the claim would have still been in time. The question that arose was whether the direct claim against the insurer under the 2010 Act was still in time. To fully explore this question James closely examines the nature of the 2010 Act and its predecessor, the Third Parties (Rights Against Insurers) Act 1930, and successive case law, including: Re General Rolling Stock Co. (1872) Re Harrington Motor Co. Ltd [1928] Post Office v Norwich Union Fire Insurance Society Ltd [1967] FSCS v Larnell (Insurances) Limited [2006] There is a handout that accompanies the session. If you do not have a copy and would like one, please email stevew@trinitychambers.co.uk. This recorded seminar and its accompanying notes are made available for educational and information purposes only. The views expressed in it are those of the speaker. The contents do not constitute legal advice and should not be relied on as such. The speaker and Trinity Chambers accept no responsibility for the continuing accuracy of the contents. Contact Trinity Chambers if you have a specific legal query. #Business #Property #Litigation #ThirdParties #Act #RightsAgainstInsurers #Insolvency #WindingUp #Limitation #Court #CPD #Solicitors #Barristers #Lawyers #TrinityChambers