The Importance Of Strict Compliance With Notification Provisions

Two cases involving the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act) have emphasised the draconian effect that breach of a condition precedent to liability can have and the importance of policyholders complying strictly with notification provisions: Makin v Protec Security Group Limited [2025] EWHC 895 (KB) (Makin) and Archer v R 'N' F Catering Ltd (t/a Biplob Restaurant) [2025] EWHC 1342 (KB) (Archer).

Both cases involved claimants who had suffered personal injury and sought recovery under the 2010 Act from the public liability insurers of insolvent defendants. In both cases, the Court found that the insurer was not liable to provide an indemnity under the relevant policies because of breach by the insured of notification obligations, which were held to be conditions precedent. Procedural compliance was critical. This was despite the fact that the third party claimants were not aware of the notification obligations and played no part in the