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Roddy Dunlop QC, of Axiom Advocates, examines an Outer House decision in the PIP breast implants case that the pursuers, who were women who had undergone breast augmentation surgery carried out by surgeons engaged by the defender cosmetic surgery business, had not established that a settlement between the defender and its insurer, the minuter, before the defender went into administration had been entered into collusively and in bad faith with the intention of defeating or reducing claims that the minuter would otherwise have had to meet.
AB and CD v Transform Medical Group (CS) Ltd and Travelers Insurance Company Ltd  CSOH 3
This was a very rare—indeed, in Scotland, unprecedented—attempt by third parties to unravel a settlement struck between an insured and its insurers. Building on obiter dicta from a case in England in the 1980s (Normid Housing Association Ltd v Ralphs  1 Lloyd's Rep 265), Lord Tyre accepted that it might be possible for a third party to challenge such a settlement, if it were arrived at collusively in an attempt to defeat what would otherwise be the third
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