Podcast Location:
Download it here [file size: 33.8 MB]
Categories:
Insurance Law
Consumer Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to give the listener a background to why the Third Parties (Rights Against Insurers) Act 1930 was enacted, before engaging the listener in a discussion of what its deficiencies in modern practice are. This podcast aims to suggest ways in which these problems can currently be solved, and aims to give a detailed explanation of the ways in which the new legislation will solve them.

Outcomes:
After completing the course you will:
  • Understand why the Third Parties (Rights Against Insurers) Act 1930 was enacted;
  • Be aware of the problems with the Third Parties (Rights Against Insurers) Act 1930;
  • Have knowledge of ways in which these problems may be circumvented in practice;
  • Understand the reforms that have been proposed in the new Act.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Legislative Updates
Practical Guide
Sources and References:
  • Third Parties (Rights Against Insurers) Act 1930;
  • Consumer Credit Act 1974;
  • 4th EU Motor Insurance Directives (implemented by The Financial Services and Markets Act 2000 (Fourth Motor Insurance Directive) Regulations 2002);
  • Civil Procedure Rules;
  • Supreme Court Act 1981;
  • Law Commission Report 272: Third Parties - Rights Against Insurers;
  • OT Computers (in administration), Re, First National Tricity Finance Ltd v OT Computers Ltd (in administration) [2004] EWCA Civ 653;
  • Third Parties (Rights Against Insurers) Act 2010.
Tags:

This podcast considers the statutory framework for the law on the rights of third parties against insurers. The podcast gives detailed criticisms of the current law, and explains why the Third Parties (Rights Against Insurers) Act 1930 has many deficiencies in practice. The podcast then considers how the problems with the 1930 Act can be circumvented, and provides the listener with helpful case law on this point. Finally, the podcast evaluates the reforms that have been proposed by the Law Commission to address these problems now contained in the Third Parties (Rights against Insurers) Act 2010.

NOTE: This podcast addresses the changes to the law to be made by the Third Parties (Rights against Insurers) Act 2010 which was given Royal Assent on 25 March 2010.

Podcast added: 07/05/10

Podcast last reviewed: 2012-01-30

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