Jurisdiction(s):
United Kingdom

Redman v Zurich (QBD, England and Wales): Third Parties (Rights Against Insurers) Act 2010 not retrospective; liability on injury; asbestos claims remain under 1930 Act; recovery and injury-date issues

Published on: 08 August 2017

Published by a LexisNexis Insurance & Reinsurance expert

Legal News

Article summary

Original news Redman (suing as widow and administratrix of the estate of Redman, deceased) v Zurich Insurance plc and another [2017] EWHC 1919 (QB), [2017] All ER (D) 07 (Aug)

The Queen’s Bench Division struck out a widow’s claim brought under TP(RAI)A 2010 against the first defendant, the insurer of the second defendant employer of her husband, who died in 2013. The court held that the second defendant became a “relevant person” for the purposes of s 1 when it was voluntarily wound up in 2014, predating the commencement of TP(RAI)A 2010 on 1 August 2016. It also concluded that the second defendant incurred the liability, within the same section, when the cause of action was complete, which likewise occurred before 2016. As the claim failed to satisfy either condition in s 1, the transitional provisions in Schedule 3 required proceedings to be brought under the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930). Consequently, there were no reasonable grounds for issuing the claim under the later statute, and it was struck out.

What was the background to the case? The...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...