A relevant person “incurs a liability” under section 1 of the Third Party (Rights against Insurers) Act 2010 when the cause of action is complete and not when the claimant has established the right to compensation against the wrongdoer whether by a judgment or otherwise. The transitional provisions in Schedule 3 of the 2010 Act do not provide for the 2010 regime to be applied retrospectively so as to run in parallel with the Third Party (Rights against Insurers) Act 1930. In any given circumstances, either the 1930 regime applies or it does not. Where it does continue to apply then the 2010 regime has no application (paras 23, 28).
Where, therefore, an employee’s widow and administratrix brought a claim against the employers’ insurers under the 2010 Act and the insurers applied to strike it out or alternatively for summary judgment—
Held, granting the application, that since the provisions of the 1930 Act applied to the claim, under CPR r 3.4 there were no reasonable grounds for bringing a claim under the 2010 Act (para 29).
Andrew Burns QC (instructed by Thompsons Solicitors) for the claimant.
Leigh-Ann Mulcahy QC and Ben Lynch (instructed by DWF LLP) for the defendants.