Illegality was arguably not a defence to a claim under the Act of 1978: ‘The Act of 1978 extends the potential for contribution beyond joint tortfeasors to joint contractors, joint trustees and others who are liable in respect of the same damage. . . . it is manifest that the words of section 6(1) of the Act of 1978 are intended to be interpreted widely, hence the use of the words ‘whatever the basis of his liability’ and the emphasis added by the word ‘otherwise’ at the end of the enumerated causes of action.’
Judges:
Ferris J
Citations:
[1993] Ch 140
Statutes:
Civil Liability (Contribution) Act 1978 1
Cited by:
Cited – Friends’ Provident Life Office v Hillier, Parker May and Rowden CA 1997
Friends Provident had participated in a development project on terms which required it to pay its share of the development costs as it proceeded. It employed Hillier Parker, a firm of surveyors, to check demands made from time to time for payment of . .
Cited – Charter Plc and Another v City Index Ltd and others ChD 12-Oct-2006
An employee of the claimant had fraudulently spent several million pounds of the claimant’s money on personal bets through the defendant company. The claimant said that the defendants knew the origin of the funds and were liable to repay them. . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 04 May 2022; Ref: scu.247620