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Third-party claims: declaratory relief

Insurance Law Monthly

Third-party claims: declaratory relief

The Guide Dogs for the Blind Association v Box [2020] EWHC 1948 (Ch) is partly of historical interest, in that it concerns the right of a third party to seek declaratory relief against a wrongdoer’s liability insurers under the Third Parties (Rights Against Insurers) Act 1930. That Act has been superseded, with effect from 1 August 2016, by the Third Parties (Rights Against Insurers) Act 2010, under which the right to seek a declaration is now statutory.

The judgment of HHJ Saffman is of interest in comparing the two measures and also in discussing the inherent jurisdiction of the court in granting declaratory relief where the cut-through legislation is not applicable.

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