Who is going to pay the damages?

This is one of the most important questions a claimant lawyer should ask at the outset of every case – but it is surprisingly easy to overlook. A defendant may be insolvent. A company may have ceased trading. An employer may have disappeared. An insurer may deny that the policy responds. There may be a substantial policy excess or deductible. A business may have transferred to another company. The identity of the relevant insurer may not even be known.
A claimant can have an excellent case on liability and quantum and still face a fundamental problem:

Is there anyone worth suing?

This webinar looks at the routes available to practitioners when the person or company primarily liable cannot – or will not – meet the claim. It is an updated version of the webinar last presented in September 2025 and includes important developments during 2026.

The webinar will consider the recent Court of Appeal decision in ABC v Huntercombe (No.12) Ltd & Ors [2026] EWCA Civ 1161.

Content

The webinar takes a practical approach to identifying who will ultimately meet a judgment

Topics include:

• The starting point – investigate recoverability before spending years litigating the claim.
• Identifying the insurer – what information can be obtained and from whom?
• The Third Parties (Rights Against Insurers) Act 2010 – when can the claimant proceed directly against an insurer?
• What happens when the defendant is insolvent?
• Obtaining information about insurance cover before proceedings are issued.
• Policy coverage disputes – what happens when the insurer says the policy does not respond?
• Policy limits, excesses and deductibles – the crucial distinction between the existence of insurance and the availability of insurance money to meet the claim.
• Employers' liability insurance – tracing historic cover.
• Public liability insurance – what practitioners need to establish.
• Companies which have been dissolved or entered liquidation – identifying the correct procedural route.
• TUPE and vicarious liability – the implications of the Court of Appeal's decision in ABC v Huntercombe.
• Road traffic claims – the insurer's statutory liability under the Road Traffic Act.
• Uninsured and untraced drivers – when the MIB becomes relevant.
• Article 75 and insurer status issues.
• Claims involving insolvent insurers – what alternative sources of compensation may exist?