Archive for the 'third parties' Category

JSC BTA Bank v Kythreotis and others – WLR Daily

JSC BTA Bank v Kythreotis and others [2010] EWCA Civ 1436; [2010] WLR (D) 326

“The words ‘his assets’ in the standard form of freezing order in the Commercial Court Guide included assets which the respondent to the order held as a trustee or nominee for a third party.”

WLR Daily, 14th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Insurers’ new code may add insult to personal injury lawyers – The Guardian

“Personal injury lawyers and insurers are not the greatest of friends. Lawyers often see insurers as obstructive and just trying to weasel out of paying. Insurers see lawyers as equally obstructive and just trying to squeeze as much money as they can for themselves out of the compensation process.”

Full story

The Guardian, 15th June 2010

Source: www.guardian.co.uk

Farstad Supply AS v Enviroco Ltd – WLR Daily

Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113

“A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties but precluded the owner from recovering damages from the charterer in respect of the charterer’s own negligence. It followed that where it was alleged that the charterer and a third party had jointly caused damage to the vessel whilst it was berthed in Scotland and, because of the indemnity agreement, the owner sued only the third party in the Scots courts, the third party would not be able to claim a contribution under s 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 from the charterer as a ‘person who, if sued, might also have been held liable’.”

WLR Daily, 6th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Third Parties (Rights against Insurers) Act 2010

Third Parties (Rights against Insurers) Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Third Parties (Rights Against Insurers) Bill – Ministry of Justice

“This Bill implements Law Commission and Scottish Law Commission recommendations about the rights of a third party to claim directly against an insurer.”

Full press release

Ministry of Justice, 18th December 2009

Source: www.justice.gov.uk

Mahad v Entry Clearance Officer; Ali and another v Same; Ismail and another v Same; Sakthivel v Same; Muhumed v Same (Equality and Human Rights Commission intervening) – WLR Daily

Mahad v Entry Clearance Officer; Ali and another v Same; Ismail and another v Same; Sakthivel v Same; Muhumed v Same (Equality and Human Rights Commission intervening) [2009] UKSC 16; [2009] WLR (D) 367

“Financial support provided by third parties could be taken into account when considering whether a person who was seeking leave to enter the United Kingdom to join a sponsoring relative could be maintained without recourse to public funds.”

WLR Daily, 16th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bill clears the way for third party claims against liability insurers – OUT-LAW.com

“A proposed new law will make it easier and cheaper for people to pursue their claims directly against insurers when the insured becomes insolvent.”

Full story

OUT-LAW.com, 30th November 2009

Source: www.out-law.com

R v Tilley – WLR Daily

R v Tilley [2009] EWCA Crim 1426; [2009] WLR (D) 249

“Where a third party knew of a change that affected the benefit of a person claiming income support, he would be guilty of an offence if he dishonestly allowed the beneficiary to fail to report the change, but to commit the offence the third party had to have been active in some way in the failure.”

WLR Daily, 21st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hall & Woodhouse Ltd v Poole Borough Council – WLR Daily

Hall & Woodhouse Ltd v Poole Borough Council; [2009] WLR (D) 131

“The acts of third parties were not as a matter of law to be imputed to a premises licence holder for the purposes of s 136(1)(a) of the Licensing Act 2003; it was necessary for the court to look at the actual conduct of the person charged with the offence and find whether as a matter of fact he had carried on or attempted to carry on an licensable activity, as defined in s 1 of and Schs 1 and 2 to the Act, otherwise than in accordance with an authorisation.”

WLR Daily, 6th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ansari v Ansari – Times Law Reports

Ansari v Ansari

Court of Appeal

“A charge on a property which was not in itself a reviewable disposition was not to be set aside as a result of setting aside the transfer of a property by a husband to defeat his wife’s rights, which was a reviewable disposition.”

The Times, 16th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Ansari v Ansari (Bank of Scotland plc intervening) – WLR Daily

Ansari v Ansari (Bank of Scotland plc intervening) [2008] EWCA Civ 1456; [2008] WLR (D) 413

“Where a disposition of property made with the intention of reducing financial relief had been followed by further transactions made for valuable consideration and in good faith, the discretion conferred by s 37(3) of the Matrimonial Causes Act 1973 would not be used to set aside, as a consequence of setting aside the original reviewable disposition under the Act, a charge, not in itself a reviewable disposition which had been granted by the purchaser on the security of the property.”

WLR Daily, 5th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

AM (Ethiopia) and others v Entry Clearance Officer – WLR Daily

AM (Ethiopia) and others v Entry Clearance Officer [2008] EWCA Civ 1082; [2008] WLR (D) 329

The principle that support or funding from a third party could not be relied on by a prospective entrant to the United Kingdom under r 297(v) of the Immigration Rules (HC 395), where the entrant was a child of a parent or a relative settled here, was applicable to r 281, where the entrant was a spouse or partner, and r 317, where he was a parent, grandparent or other dependent relative of the person settled here.”

WLR Daily, 24th October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services plc (Financial Services Authority intervening) – WLR Daily

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services plc (Financial Services Authority intervening) [2008] EWHC 1897 (Ch); [2008] WLR (D) 277

“The Financial Services Authority had power under the Financial Services and Markets Act 2000 to include rules in the financial services compensation scheme which provided for the assignment of third party claims.”

WLR Daily, 1st August 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Top lawyers unite in support of ‘light-touch’ third-party funding regulation – Legal Week

“The Civil Justice Council (CJC) looks set to back ‘light-touch’ regulation of the fast-emerging market for third-party dispute funding, in a move that could further usher the model into the mainstream of UK litigation.”

Full story

Legal Week, 14th February 2008

Source: www.legalweek.com

Law Society of England and Wales and Others v Shah and Others – Times Law Reports

Law Society of England and Wales and Others v Shah and Others

Chancery Division

“Where a third party was not able to pursue a debt claim directly against a bankrupt due to the fact that the bankruptcy had been discharged, thereby extinguishing the claim, the third party could none the less pursue the claim against the bankrupt’s insurers once the third party had obtained a decision admitting the claim in bankruptcy.”

The Times, 20th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Law Society of England and Wales and others v Shah and others – WLR Daily

Law Society of England and Wales and others v Shah and others [2007] EWHC 2841 (Ch)

“It was possible for a third party, who had a ‘bankruptcy debt’, to claim payment from the debtor’s insurer under the Third Parties (Rights Against Insurers) Act 1930 after the debtor had been made bankrupt and discharged. In order to do so it was necessary to establish the liability of the debtor which could be achieved by a judicial determination of the third party’s right to prove the debt in the debtor’s bankruptcy.”

WLR Daily, 11th December 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed. 

Forced Marriage (Civil Protection) Act 2007 – relevant third party – Ministry of Justice

“The Forced Marriage (Civil Protection) Act 2007 enables applications by a relevant third party on behalf of a victim of forced marriage. This consultation asks for responses on what need there is for relevant third parties, who should act, and what safeguards might be needed.”

Full story

Ministry of Justice, 12th December 2007

Source: www.justice.gov.uk


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