Third Parties (Rights against Insurers) Act 2010

Notices requiring disclosure: defunct bodies

3 (1) If—

(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) 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—

(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 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 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,

(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—

(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.