Third parties in from the cold

In re OT Computers (in administration) [2004] EWCA Civ 653; [2004] 3 WLR 886; [2004] 2 All ER (Comm) 331; [2004] Lloyd’s Rep IR 669

This case has been heard by two courts in a little over six months, the Court of Appeal reversing the Vice-Chancellor at first instance ([2003] EWHC 2490 (Ch); [2004] 1 All ER (Comm) 320) and overruling no less than four other cases. It is a forceful reminder to Government to press on with certain previously advertised changes to the Third Parties (Rights Against Insurers) Act 1930. In the meantime, liability insurers of insolvent assureds must fear forays from third parties fishing for cover.