Critical evaluation of statutory reinstatement under section 83 of the Fires Prevention (metropolis) Act 1774

Abstract

Section 83 of the Fires Prevention (Metropolis) Act 1774 has some magic about it. It has survived over 200 years, and was recently applied with success in 1993. An attempt has been made to abolish it due to its obscurity and archaic nature by the Regulatory Reform (Fire Safety) Order 2005 yet, after all, it has been decided to suspend the repeal.
It is now on the list of repeals of the Law Commission on Insurance Law Reform; however the insurers want to keep it.
The research will examine two hypotheses: first is that the provision of s. 83 is outdated, and its repeal would not influence the protection to persons with an insurable interest in buildings stipulated by contemporary law; second is that the protection s. 83 provides is not fully substituted by modem legislation, consequently it should not be repealed.
This thesis will cover the legal aspect of fire insurance of buildings subject to lease, 'C mortgage and sale, and protection of insurable interests in buildings. It will review the history and present state of the art of this old legislation. Case law will be examined where s. 83 has been applied along with the main criticisms of the provision. The contemporary legislation will be researched to find out whether the protection provided by s. 83 will continue if the Statute is repealed. Finally, the insurers' views on the 1774 Act will be presented and analysed.