Click the case name for better results:

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

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

Kinnear and Others v Falconfilms Nv and Others: QBD 27 Jan 1994

The deceased had died in an accident whilst filming in Spain for the defendants. The plaintiff personal representatives sought damages here, while the defendants denied that the court had jurisdiction under the 1968 Convention, and said that the . .

K v P: ChD 1993

The court considered when orders might be made under the Act for a contribution to be made to damages payable. Ferris J said: ‘In my judgment the ex turpi causa defence is not available as an answer to a claim for contribution under the Act of 1978. . .

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

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.

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