Third Parties (Rights against Insurers) Bill [HL]

House of Commons

Session 2009 - 10
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Third Parties (Rights against Insurers) Bill [HL]

Third Parties (Rights against Insurers) Bill [HL]
Schedule 1 — Information and disclosure for third parties
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Schedules
Schedule 1
Section 11

Information and disclosure for third parties
Notices requesting information
1     (1)
If a person (A) reasonably believes that—
5
(a)
another person (B) has incurred a liability to A, and
(b)
B is a relevant person,

A may, by notice in writing, request from B such information falling within
sub-paragraph (3) as the notice specifies.
      (2)
If a person (A) reasonably believes that—
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(a)
a liability has been incurred to A,
(b)
the person who incurred the liability is insured against it under a
contract of insurance,
(c)
rights of that person under the contract have been transferred to A
under section 1, and
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(d)
there is a person (C) who is able to provide information falling within
sub-paragraph (3),

A may, by notice in writing, request from C such information falling within
that sub-paragraph as the notice specifies.
      (3)
The following is the information that falls within this sub-paragraph—
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(a)
whether there is a contract of insurance that covers the supposed
liability or might reasonably be regarded as covering it;
(b)
if there is such a contract—
(i)
who the insurer is;
(ii)
what the terms of the contract are;
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(iii)
whether the insured has been informed that the insurer has
claimed not to be liable under the contract in respect of the
supposed liability;
(iv)
whether there are or have been any proceedings between the
insurer and the insured in respect of the supposed liability
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and, if so, relevant details of those proceedings;
(v)
in a case where the contract sets a limit on the fund available
to meet claims in respect of the supposed liability and other
liabilities, how much of it (if any) has been paid out in respect
of other liabilities;
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(vi)
whether there is a fixed charge to which any sums paid out
under the contract in respect of the supposed liability would
be subject.

Third Parties (Rights against Insurers) Bill [HL]
Schedule 1 — Information and disclosure for third parties
13

      (4)
For the purpose of sub-paragraph (3)(b)(iv), relevant details of proceedings
are—
(a)
in the case of court proceedings—
(i)
the name of the court;
(ii)
the case number;
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(iii)
the contents of all documents served in the proceedings in
accordance with rules of court or orders made in the
proceedings, and the contents of any such orders;
(b)
in the case of arbitral proceedings or, in Scotland, an arbitration—
(i)
the name of the arbitrator;
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(ii)
information corresponding with that mentioned in
paragraph (a)(iii).
      (5)
In sub-paragraph (3)(b)(vi), in its application to Scotland, “fixed charge”
means a fixed security within the meaning given by section 47(1) of the
Bankruptcy and Diligence etc (Scotland) Act 2007 (asp 3).
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      (6)
A notice given by a person under this paragraph must include particulars of
the facts on which that person relies as entitlement to give the notice.
Provision of information where notice given under paragraph 1
2     (1)
A person (R) who receives a notice under paragraph 1 must, within the
period of 28 days beginning with the day of receipt of the notice—
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(a)
provide to the person who gave the notice any information specified
in it that R is able to provide;
(b)
in relation to any such information that R is not able to provide,
notify that person why R is not able to provide it.
      (2)
Where—
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(a)
a person (R) receives a notice under paragraph 1,
(b)
there is information specified in the notice that R is not able to
provide because it is contained in a document that is not in R’s
control,
(c)
the document was at one time in R’s control, and
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(d)
R knows or believes that it is now in another person’s control,

R must, within the period of 28 days beginning with the day of receipt of the
notice, provide the person who gave the notice with whatever particulars R
can as to the nature of the information and the identity of that other person.
      (3)
If R fails to comply with a duty imposed on R by this paragraph, the person
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who gave R the notice may apply to court for an order requiring R to comply
with the duty.
      (4)
No duty arises by virtue of this paragraph in respect of information as to
which a claim to legal professional privilege or, in Scotland, to
confidentiality as between client and professional legal adviser could be
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maintained in legal proceedings.
Notices requiring disclosure: defunct bodies
3     (1)
If—

Third Parties (Rights against Insurers) Bill [HL]
Schedule 1 — Information and disclosure for third parties
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(a)
a person (P) has started proceedings under this Act against an
insurer in respect of a liability that P claims has been incurred to P by
a body corporate, and
(b)
the body is defunct,

P may by notice in writing require a person to whom sub-paragraph (2)
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applies to disclose to P any documents that are relevant to that liability.
      (2)
This sub-paragraph applies to a person if—
(a)
immediately before the time of the alleged transfer under section 1,
that person was an officer or employee of the body, or
(b)
immediately before the body became defunct, that person was—
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(i)
acting as an insolvency practitioner in relation to the body
(within the meaning given by section 388(1) of the Insolvency
Act 1986 or Article 3 of the Insolvency (Northern Ireland)
Order 1989 (S.I. 1989/2405 N.I. 19)), or
(ii)
acting as the official receiver in relation to the winding up of
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the body.
      (3)
A notice under this paragraph must be accompanied by—
(a)
a copy of the particulars of claim required to be served in connection
with the proceedings mentioned in sub-paragraph (1), or
(b)
where those proceedings are arbitral proceedings, the particulars of
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claim that would be required to be so served if they were court
proceedings.
      (4)
For the purposes of this paragraph a body corporate is defunct if, subject to
sub-paragraph (5), it has been dissolved under—
(a)
Chapter 9 of Part 4 of the Insolvency Act 1986,
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(b)
Chapter 9 of Part 5 of the Insolvency (Northern Ireland) Order 1989
(S.I. 1989/2405 N.I. 19)), or
(c)
section 1000, 1001 or 1003 of the Companies Act 2006.
      (5)
But a body corporate is not defunct for the purposes of this paragraph if the
body has been—
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(a)
restored to the register by virtue of section 1025 of the Companies
Act 2006, or
(b)
ordered to be restored to the register by virtue of section 1031 of that
Act.
Disclosure and inspection where notice given under paragraph 3
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4     (1)
Subject to the provisions of this paragraph and to any necessary
modifications—
(a)
the duties of disclosure of a person who receives a notice under
paragraph 3, and
(b)
the rights of inspection of the person giving the notice,
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are the same as the corresponding duties and rights under Civil Procedure
Rules of parties to court proceedings in which an order for standard
disclosure has been made.
      (2)
In sub-paragraph (1), in its application to Northern Ireland—
(a)
the reference to Civil Procedure Rules is—
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Third Parties (Rights against Insurers) Bill [HL]
Schedule 1 — Information and disclosure for third parties
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(i)
in the case of proceedings in the High Court, to be read as a
reference to the Rules of the Court of Judicature (Northern
Ireland) 1980 (S.R. 1980 No. 346), and
(ii)
in the case of proceedings in the county court, to be read as a
reference to the County Court Rules (Northern Ireland) 1981
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(S.R. 1981 No. 225), and
(b)
the reference to an order for standard disclosure is to be read as a
reference to an order for discovery.
      (3)
A person who by virtue of sub-paragraph (1) or (2) has to serve a list of
documents must do so within the period of 28 days beginning with the day
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of receipt of the notice.
      (4)
A person who has received a notice under paragraph 3 and has served a list
of documents in response to it is not under a duty of disclosure by reason of
that notice in relation to documents that the person did not have when the
list was served.
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Avoidance
5
A contract of insurance is of no effect in so far as it purports, whether directly
or indirectly—
(a)
to avoid or terminate the contract or alter the rights of the parties
under it in the event of a person providing information, or giving
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disclosure, that the person is required to provide or give by virtue of
a notice under paragraph 1 or 3, or
(b)
otherwise to prohibit, prevent or restrict a person from providing
such information or giving such disclosure.
Other rights to information etc
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6
Rights to information, or to inspection of documents, that a person has by
virtue of paragraph 1 or 3 are in addition to any such rights as the person has
apart from that paragraph.
Interpretation
7
For the purposes of this Schedule—
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(a)
a person is able to provide information only if—
(i)
that person can obtain it without undue difficulty from a
document that is in that person’s control, or
(ii)
where that person is an individual, the information is within
that person’s knowledge;
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(b)
a document is in a person’s control if it is in that person’s possession
or if that person has a right to possession of it or to inspect or take
copies of it.