A payment under the Act means a monetary payment: ‘Since such a payment is required where s 1(2) applies it follows that an individual, uninsured claimant who satisfies his liability to the victim by doing remedial work with his own hands cannot claim contribution to its value under the 1978 Act. That . . . seems to me to be inescapable.’
Judges:
Judge John Hicks QC
Citations:
(1992) 40 Con LR 127
Statutes:
Civil Liability (Contribution) Act 1978 1(2)
Cited by:
Cited – Baker and Davies Plc v Leslie Wilks Associates (A Firm) TCC 30-Jun-2005
The defendant sought a contribution or indemnity from a building contractor, who replied that a contribution was only capable of being ordered where a payment in money had been made.
Held: Work which had been done ‘in kind’ could be set off . .
Lists of cited by and citing cases may be incomplete.
Construction
Updated: 10 May 2022; Ref: scu.230022
