In a brain damage case brought by Carneys Lawyers on behalf of a US citizen, the compulsory third party insurer had 3 months to give the Nominal Defendant notice of any cross claim. The insurer did not give notice within 3 months. The Court ruled that the insurer could not bring the cross claim because it had failed to give a full and satisfactory explanation for the delay in giving notice.
The decision is a reminder to insurers of the need to give notice within 3 months and if there is a delay that they must give a full and satisfactory explanation
The case can be viewed here.