REDMAN V ZURICH INSURANCE PLC AND ANOTHER

[2017] EWHC 1919 (QB), Queen's Bench Division, Mr Justice Turner, 26 July 2017

Insurance (liability) - Direct claim against insurers - Date when liability arose - Whether Third Parties (Rights Against Insurers) Act 1930 or 2010 was applicable

Between 1952 and 1982 R worked for a company, ESJS1. On 5 November 2013 he died from lung cancer alleged to have been caused by exposure to asbestos during the course of his employment. ESJS1 was the subject of a voluntary winding up on 30 January 2014 and was dissolved on 30 June 2016. R's widow sought bring proceedings against ESJS1's liability insurers. Under the Third Parties (Rights Against Insurers) Act 1930 it was necessary for the claimant to have ESJS1 restored to the register of companies so that it could be sued, whereas under the Third Parties (Rights Against Insurers) Act 2010 proceedings could be brought directly against the insurers without restoring ESJS1 to the register. The question was whether the 2010 Act applied to the claim. Under schedule 3 to the 2010 Act, the 1930 Act continued to apply to cases where liability was incurred before the commencement date of the 2010 Act, 1 August 2016.