Establishing liability under the Third Parties (Rights against Insurers) Act 2010 - Scotland Gas Networks Plc v QBE UK Ltd [2024] CSOH 15

Harriet Munro, Rowena Williams and Layla Todd of CMS share that the Scottish Court of Session has, for the first time, provided guidance on what is required to establish a ‘liability’ for the purposes of the Third Parties (Rights against Insurers) Act 2010, finding that a ‘decree in default’ issued due to the insolvent insured’s failure to appear at a procedural hearing was sufficient to establish ‘liability’.

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