ABSTRACT

Privity of contract, in common with many other doctrines adopted or perfected in the Victorian era, has its origins in relatively straightforward disputes over family property. The doctrine of privity was particularly problematic for commercial contracts; the 1999 Act was consequently eagerly anticipated in the circles. The 1999 Act is not the only statutory modification to privity. Insurance is perhaps the most obvious of all of the classes of commercial contracts potentially affected by the 1999 Act. The insurers appointed panel solicitors to handle claims funded by such insurance, and the solicitors issued "client care" letters to their clients, the terms of which authorised the solicitors to allow the insurers to have access to information about their claim. It is standard to find exclusion of the 1999 Act in insurance policies, although such exclusion is subject to clauses that expressly confer third party benefits.