Click the case name for better results:

Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 28 Apr 2004

Niru contracted to buy lead from Milestone, to be paid for in a letter of credit, against certifying documents produced for the purpose. Mr Mahdavi, the individual behind Milestone, procured CAI to finance the acquisition of warrants to be retained by them as security for repayment of their loan by, ultimately, the purchase price payable … Continue reading Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 28 Apr 2004

Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 23 Oct 2003

The claimant had contracted to purchase lead from some of the defendants. There were delays in payment but when funds were made available they should have been repaid. An incorrect bill of lading was presented. The bill certified that the goods had been loaded, but they had not. Held: An inspector certifying the goods should … Continue reading Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 23 Oct 2003

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Co-Operative Retail Services Limited and others v Taylor Young Partnership and others: HL 25 Apr 2002

Whilst a substantial new building was being constructed, it was damaged by fire caused by the negligence of several contractors. The case concerned apportionment of liability. Held: The appeal failed. The parties could by agreement vary the normal rules which would apportion damages. Here one party had been required to assume responsibility for fire damage, … Continue reading Co-Operative Retail Services Limited and others v Taylor Young Partnership and others: HL 25 Apr 2002

Luke v Kingsley Smith and Company and Others: QBD 23 Jun 2003

The claimant sued various of those who had represented him in a claim against the Ministry of Defence. He believed that he had had to accept an inadequate sum in settlement after being at risk of losing the claim for non-prosecution. The defendant solicitors sought contribution from the solicitors who had taken over the case … Continue reading Luke v Kingsley Smith and Company and Others: QBD 23 Jun 2003

Farraj and Another v King’s Healthcare NHS Trust and Another: QBD 26 May 2006

The claimants sought damages after the birth of their child with a severe hereditary disease which they said the defendant hospital had failed to diagnose after testing for that disease. The hospital sought a contribution from the company CSL who had carried out the test. The third party said that the claim was out of … Continue reading Farraj and Another v King’s Healthcare NHS Trust and Another: QBD 26 May 2006

Hood v Mitie Property Services (Midlands) Ltd and Another: QBD 1 Jul 2005

Defendant employer’s claim for contribution to damages for fall at work from land owner. Judges: Playford QC HHJ Citations: [2005] EWHC B6 (QB) Links: Bailii Statutes: Construction (Health, Safety & Welfare) Regulations 1996, Civil Liability (Contribution) Act 1978 Jurisdiction: England and Wales Personal Injury, Health and Safety Updated: 12 July 2022; Ref: scu.263174

Barker v Corus (UK) Plc: HL 3 May 2006

The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the rule, so that the defendants could be liable for all the losses despite the fact that others … Continue reading Barker v Corus (UK) Plc: HL 3 May 2006

Aer Lingus v Gildacroft Ltd and Another: CA 17 Jan 2006

The claimant had been found liable to pay damages for personal injury, and now sought contribution from the defendants. The defendants said that they were out of time since the contribution action had been commenced more than 2 years after the judgment. Held: The appeal succeeded. The judgment had been for damages to be assessed. … Continue reading Aer Lingus v Gildacroft Ltd and Another: CA 17 Jan 2006

Brian Warwicker Partnership v HOK International Ltd: CA 27 Jul 2005

The claimant partnership had sought a contribution from the defendants to the damages awarded against it. Held: The section made allowance for non-causative factors when calculating a contribution, but the extent to which they should be allowed for was restricted. Judges: Arden, Keene LJJ Citations: [2005] EWCA Civ 962, Times 19-Sep-2005 Links: Bailii Statutes: Civil … Continue reading Brian Warwicker Partnership v HOK International Ltd: CA 27 Jul 2005

Pritchard Joyce and Hinds v Batcup and Another: QBD 17 Jan 2008

The claimant solicitors sought contributions from counsel to the damages they had been obliged to pay to their client in negligence. Held: Underhill J said: ‘My task is not to seek to decide definitively whether LL were liable in negligence to Mr and Mrs Fox for the amount of the loss settlement, but simply to … Continue reading Pritchard Joyce and Hinds v Batcup and Another: QBD 17 Jan 2008

Re-Source America International Ltd. v Platt Site Services Ltd. and Another, Barkin Construction Ltd: CA 2 Jun 2004

‘Section 2 of the 1978 Act is not expressed exclusively in terms of causative responsibility for the damage in question, although obviously the court must have regard to this, as the section directs, and it is likely to be the most important factor in the assessment of relative responsibility which the court has to make. … Continue reading Re-Source America International Ltd. v Platt Site Services Ltd. and Another, Barkin Construction Ltd: CA 2 Jun 2004

Great North Eastern Railway Limited v Hart and Secretary of State for Transport, Local Government and the Regions and Network Rail Infrastructure Limited: QBD 30 Oct 2003

A driver had crashed through a barrier before a bridge, and descended into the path of a train. Ten people died. He now sought a contribution order against the Secretary of State for the condition of the barrier which was said to be faulty. Held: ‘ . . . in building Little Heck Bridge on … Continue reading Great North Eastern Railway Limited v Hart and Secretary of State for Transport, Local Government and the Regions and Network Rail Infrastructure Limited: QBD 30 Oct 2003

Rahman v Arearose Limited and Another, University College London, NHS Trust: CA 15 Jun 2000

The claimant had suffered a vicious physical assault from which the claimant’s employers should have protected him, and an incompetently performed surgical operation. Three psychiatrists agreed that the aetiology of the claimant’s very severe psychiatric disabilities was complex and that different elements of his mental troubles could be attributed to the two separate tortious incidents. … Continue reading Rahman v Arearose Limited and Another, University College London, NHS Trust: CA 15 Jun 2000

Moy v Pettman Smith (A Firm): CA 19 Jun 2002

The claimant had pursued an action for damages for professional negligence against a hospital treating his broken tibia. He now sought damages after the defendant firm of solicitors acting for him in the first action had, he said, failed to obtain further medical reports in time, which adequately and properly addressed the issues of prognosis … Continue reading Moy v Pettman Smith (A Firm): CA 19 Jun 2002

Hurstwood Developments Ltd v Motor and General and Andersley and Coinsurance Services Limited and Another: CA 21 Nov 2001

Citations: [2001] EWCA Civ 1785 Links: Bailii Statutes: Civil Liability (Contribution) Act 1978 1(1) Jurisdiction: England and Wales Cited by: Cited – Royal Brompton Hospital National Health Service Trust v Hammond and others HL 25-Apr-2002 The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the … Continue reading Hurstwood Developments Ltd v Motor and General and Andersley and Coinsurance Services Limited and Another: CA 21 Nov 2001

Arab Monetary Fund v Hashim and Others (No 8): ChD 17 Jun 1993

Leave to amend was given to the defendant to add a claim for a contribution. It was not an issue of fact. The statute did not imply any assumption that the defendant would would not maintain a defence. Matters of foreign law were not part of the facts of a case. Judges: Chadwick J Citations: … Continue reading Arab Monetary Fund v Hashim and Others (No 8): ChD 17 Jun 1993

Percy v White and Another: CA 12 Apr 2022

Judges: Sir Julian Flaux, Chancellor of the High Court Lord Justice Lewison And Lady Justice Andrews Citations: [2022] EWCA Civ 493 Links: Bailii Statutes: Civil Liability (Contribution) Act 1978 Jurisdiction: England and Wales Professional Negligence Updated: 15 May 2022; Ref: scu.676336

‘Red Sea Tankers’: ComC 30 Apr 1997

Shipping – acquisition of ship – recommendation – duty in contract – negligent recommendation – duty of care – tort – duty in contract – duty in tort – contributory negligence – – obiter Judges: Mance J Citations: [1997] 2 Lloyd’s Rep. 547 Statutes: Civil Liability (Contribution) Act 1978 Jurisdiction: England and Wales Contract Updated: … Continue reading ‘Red Sea Tankers’: ComC 30 Apr 1997

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 its share of development costs. Friends Provident paid the developer its share … Continue reading Friends’ Provident Life Office v Hillier, Parker May and Rowden: CA 1997

George Stow and Co Ltd v Walter Lawrence Construction Ltd: 1992

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 . . . … Continue reading George Stow and Co Ltd v Walter Lawrence Construction Ltd: 1992

Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015

A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule at common law as to such evidence. In the UK, the 2006 Act had amended the … Continue reading Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015

Abbey National Bank plc v Matthews and Son (a Firm), David Gouldman and Co (a firm): ChD 21 Feb 2003

The claimant made claims against two defendants. It had compromised the claim against one defendant, taking an assignment of that party’s claim against the remaining defendant and continued against that second defendant. Held: It could not be said that no liability remained (Lister), and the settlement was bona fide, though it had avoided a limitation … Continue reading Abbey National Bank plc v Matthews and Son (a Firm), David Gouldman and Co (a firm): ChD 21 Feb 2003

Mouchel Ltd v Van Oord (UK) Ltd: TCC 25 Jan 2011

The claimant sought a contribution from the defendant as to its liability for damages in a matter settled with a third party. Judges: Ramsey J Citations: [2011] EWHC 72 (TCC), 135 Con LR 183 Links: Bailii Statutes: Civil Liability (Contribution) Act 1978 Jurisdiction: England and Wales Negligence Updated: 14 April 2022; Ref: scu.429742

Ball v Banner and Others; Neill Clark (A Firm) v Healey and Baker (A Firm): ChD 23 Mar 2000

A valuer had described expected values for an property proposed as an investment promoted by a co-defendant. The valuation and prediction as to how long it might take to have it let had contributed to the representations leading to the investments being made and the assessments had been made without any effective degree of analysis … Continue reading Ball v Banner and Others; Neill Clark (A Firm) v Healey and Baker (A Firm): ChD 23 Mar 2000

Energy Works (Hull) Ltd v MW High Tech Projects Uk Ltd and Others: TCC 24 Sep 2020

Hearing of preliminary issues to determine: i) the legal effect of an assignment by the First Defendant (‘MW’) to the Claimant (‘EWHL’) of MW’s sub-contract with the Part 20 Defendant (‘Outotec’); and ii) whether MW can pursue its claims for contribution against Outotec as direct claims, in respect of accrued rights under the sub-contract, or … Continue reading Energy Works (Hull) Ltd v MW High Tech Projects Uk Ltd and Others: TCC 24 Sep 2020

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. Having settled the claim in part the defendants now claimed contributions from directors of the … Continue reading Charter Plc and Another v City Index Ltd and others: ChD 12 Oct 2006

Spire Healthcare Ltd v Brooke: QBD 11 Nov 2016

The claimant, Spire, claimed an indemnity or contribution from the defendantin respect of damages and costs which it, Spire, has paid to Mr Jellett in settlement of a personal injuries claim brought by Mr Jellett against both Spire and Mr Brooke Morris J [2016] EWHC 2828 (QB) Bailii Civil Liability (Contribution) Act 1978 England and … Continue reading Spire Healthcare Ltd v Brooke: QBD 11 Nov 2016

Cape Distribution Ltd v Cape Intermediate Holdings Plc: QBD 19 Jul 2016

Further judgment Picken J [2016] EWHC 1786 (QB) Bailii Civil Liability (Contribution) Act 1978 England and Wales Citing: Cited – Hanak v Green CA 1958 A builder was sued for his failure to complete the works he had contracted for. The buider sought a set-off against that claim of three of his one claims. One, … Continue reading Cape Distribution Ltd v Cape Intermediate Holdings Plc: QBD 19 Jul 2016

Goldsmith Williams Solicitors v E.Surv Ltd: CA 11 Nov 2015

‘The appeal raises what we were told was an important issue as to the scope of the duty of solicitors instructed on behalf of both the proposed mortgagor and mortgagee of property.’ Patten LJ, Sir Stanley Burnton [2015] EWCA Civ 1147 Bailii Civil Liability (Contribution) Act 1978 England and Wales Professional Negligence Updated: 06 January … Continue reading Goldsmith Williams Solicitors v E.Surv Ltd: CA 11 Nov 2015

The Governor and Company of The Bank of Ireland v Faithful and Gould Ltd: TCC 10 Jul 2014

The bank claimant had successfully recovered a substantial sum from the first defendants, its advisers, after it had lost money in a development. The first defendants now sought a contribution from the second defendant valuers. Edwards-Stuart J [2014] EWHC 2217 (TCC) Bailii Civil Liability (Contribution) Act 1978 Professional Negligence, Damages Updated: 16 December 2021; Ref: … Continue reading The Governor and Company of The Bank of Ireland v Faithful and Gould Ltd: TCC 10 Jul 2014

London Borough of Hackney v Sivanandan and Others: EAT 27 May 2011

EAT RACE DISCRIMINATION – Compensation SEX DISCRIMINATION – Compensation APPEAL Council and a charity both supplied members to a recruitment panel which victimised the Claimant – Tribunal makes a joint and several award, declining to ‘apportion’ liability to the Claimant as between the respondentsHeld, upholding the Tribunal but for different reasons, that both were jointly … Continue reading London Borough of Hackney v Sivanandan and Others: EAT 27 May 2011

Country Weddings Ltd v Crossman and Others (Transfer of Undertakings : Consultation and Other Information): EAT 30 Apr 2013

countryweddingsEAT072013 EAT TRANSFER OF UNDERTAKINGS – Consultation and other informationWhere an Employment Tribunal makes orders for compensation in tort against Respondents jointly or jointly and severally, it has no power to apportion liability between the Respondents. The Employment Tribunal can do nothing other than to make an order for joint or joint and several liability, … Continue reading Country Weddings Ltd v Crossman and Others (Transfer of Undertakings : Consultation and Other Information): EAT 30 Apr 2013

E.Surv Ltd v Goldsmith Williams Solicitors: ChD 10 Apr 2014

The claimants had been found liable for mis-valuation of a property. They now sought a contribution from the solicitors acting uunder the mortgage saying that had they acted properly, they would have alerted the lender, and in turn the claimant of circumstances requiring extra care before a loan was made. Held: It was not possible … Continue reading E.Surv Ltd v Goldsmith Williams Solicitors: ChD 10 Apr 2014

Pritchard Joyce and Hinds (A Firm) v Batcup and Another: CA 5 May 2009

Standard expected of negligence claim on counsel The claimant solicitors sought contributory damages from counsel for failing to advise them of the applicable limitation period in an action they were conducting against other solicitors in negligence. Counsel now appealed saying that the judged had failed to follow his correct own direction in law that ‘the … Continue reading Pritchard Joyce and Hinds (A Firm) v Batcup and Another: CA 5 May 2009

Williams v Williams (The Estate of): CA 30 Apr 2013

A child aged three had been injured as a passenger in her mother’s car when it was hit by another negligently driven vehicle. The mother appealed against a finding that she was 25% contributorily negligent in that the child seat used had been inappropriate. Held: The appeal failed. The judge had approached the matter correctly. … Continue reading Williams v Williams (The Estate of): CA 30 Apr 2013

Sunderland City Council v Brennan and Others: EAT 2 May 2012

EAT PRACTICE AND PROCEDURE – Contribution PRACTICE AND PROCEDURE – Disclosure (1) An employment tribunal has no jurisdiction to determine claims for contribution under the Civil Liability (Contribution) Act 1978 between persons jointly or concurrently liable for damage caused by an act of unlawful discrimination. Nor in any event does the 1978 Act create such … Continue reading Sunderland City Council v Brennan and Others: EAT 2 May 2012

Gladman Commercial Properties v Fisher Hargreaves Proctor and Others: CA 14 Nov 2013

The claimant appealed against the striking out of his claims for fraudulent or negligent misrepresentation as to the suitability for deveopment of two former fire service properties. The court had said that a settlement with co-tortfeasors operated to settle also this matter. Held: The appeal was dismissed. The judge’s conclusion was plainly correct. Longmore, Ryder, … Continue reading Gladman Commercial Properties v Fisher Hargreaves Proctor and Others: CA 14 Nov 2013

Environment Agency v Ellis: CA 17 Oct 2008

The claimant was injured working for the appellants. The appellants now appealed the finding that they were responsible saying that other factors contributed to the injury, and in particular that he had fallen at home. The claimant said that that fall was itself a result of the original injury. Held: An application of the ‘but … Continue reading Environment Agency v Ellis: CA 17 Oct 2008

Nationwide Building Society v Dunlop Haywards (HLl) Ltd (T/A Dunlop Heywood Lorenz) and Cobbetts: ComC 18 Feb 2009

The claimant had leant money on a property fraudulently overvalued by an employee of the now insolvent first defendant. A contribution order had been agreed by the solicitors. The court heard applications by the claimants and the solicitors against the insolvent company. Held: Given the nature and size of the fraud, it was inevitable and … Continue reading Nationwide Building Society v Dunlop Haywards (HLl) Ltd (T/A Dunlop Heywood Lorenz) and Cobbetts: ComC 18 Feb 2009