Source: All England Reporter
Publisher Citation: [2005] All ER (D) 388 (Nov)
Neutral Citation: [2005] EWCA Civ 1408
Court: Court of Appeal, Civil Division

Lloyd, Moore Bick LJJ and Sir Peter Gibson

Representation Paul Stanley (instructed by Denton Wilde Sapte) for the claimant.
  Adam Tolley (instructed by Squire & Co) for the defendant.
Judgment Dates: 29 November 2005


Limitation of action - Postponement of limitation period - Insurance claim - Defendant becoming insolvent - Claim against defendant's insurance policy under (Rights against Insurers) Act 1930 - Whether insolvency of defendant freezing limitation period for claimant's action - , s 14.

The Case

A third party's claim against the insured was one to which the normal principles of bankruptcy applied, namely that if it was not time-barred at the beginning of the bankruptcy or winding up, it did not become time-barred by the passage of further time thereafter. If the third party's claim was not time-barred under the at the relevant date, the claim was a liability for the purposes of s107 of the .

Practice Areas

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