- Can the Third Parties (Rights Against Insurers) Act 2010 be applied retrospectively? (Redman v Zurich Insurance plc)
- Original news
- What was the background to the case?
- What issue arose for the court’s consideration?
- What did the court decide, and why?
- To what extent is the judgment helpful in clarifying the law in this area? Are there still any unresolved issues practitioners will need to watch out for?
- What are the implications for practitioners? What will they need to be mindful of when advising in this area?
Restructuring & Insolvency analysis: The High Court’s decision in Redman v Zurich Insurance, on which legislation applied to a third-party asbestos claim against an insurer, is examined by Leigh-Ann Mulcahy QC, of Fountain Court Chambers. This was the first claim brought on the issue of the retrospective application of the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) and its application with regard to employers’ liabilities for asbestos-related cancers.
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