Judges: Thornton QC HHJ Citations: [2010] EWHC 2237 (TCC) Links: Bailii Statutes: Civil Liability (Contribution) Act 1978 1(1) Jurisdiction: England and Wales Damages Updated: 19 July 2022; Ref: scu.393350
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
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
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
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
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
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
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. The specific purpose of that Act, as of … Continue reading K v P: ChD 1993
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