The interaction between the Civil Liability (Contribution) Act 1978 and the Third Parties (Rights Against Insurers) Act 2010 (Riedweg v (1) HCC International Insurance Plc, (2) Sheridan v (1) Forsters LLP, (2) Johns)
Dispute Resolution analysis: In a recent decision, Master Brightwell considered a question which appears not to have been previously decided, as to the construction of section 1 of the Civil Liability (Contribution) Act 1978 (CL(C)A 1978) and its interaction with the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010). That question was whether the professional indemnity insurer of an insolvent insured is to be treated in law as being liable in respect of the same damage as that for which its insured is liable, for the purpose of enabling the insurer to pursue a claim to recover a contribution pursuant to CL(C)A 1978. Written by Sarah Prager KC, barrister at Deka Chambers.