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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 damages with the architects who had certified the delays, defeating their own claims. Held: The Act sought to extend the circumstances under which contributions could be sought, but their claim against the architects were of … Continue reading Royal Brompton Hospital National Health Service Trust v Hammond and others: HL 25 Apr 2002

Wealands (Widow and Administratrix of the Estate of Brian Wealands Deceased) v CLC Contractors Limited and Key Scaffolding Limited ; Alan C Bennett and Sons Limited Parties: CA 22 Jul 1999

The standard terms of an appointment of an arbitrator as between a contractor and sub-contractor gave the arbitrator power to make an order under the Act awarding a contribution from a third party not involved in the initial arbitration. Citations: Times 05-Oct-1999, [1999] EWCA Civ 1922 Links: Bailii Statutes: Civil Liability (Contributions) Act 1978 Jurisdiction: … Continue reading Wealands (Widow and Administratrix of the Estate of Brian Wealands Deceased) v CLC Contractors Limited and Key Scaffolding Limited ; Alan C Bennett and Sons Limited Parties: CA 22 Jul 1999

Jones (A Minor) v Wilkins (Wynn and Another, Third Parties): CA 6 Feb 2001

Where a child had not been properly restrained by a seat belt, the damages should be reduced but not by a great percentage. Here, although the child was partially restrained by sharing her mother’s lap belt, in fact this had made the injuries worse. Nevertheless, the genuine cause of the accident was the defendant’s driving, … Continue reading Jones (A Minor) v Wilkins (Wynn and Another, Third Parties): CA 6 Feb 2001

Arab Monetary Fund v Hashim and Others (Number 9): ChD 29 Jul 1994

There were two foreign defendants who were each liable to the plaintiff. Held: The English court had jurisdiction to allocate the damages between them. Execution should not be stayed because the plaintiff should be allowed to retain the opportunity to commence that part of the proceedings, ie execution, in such jurisdiction as he thought fit. … Continue reading Arab Monetary Fund v Hashim and Others (Number 9): ChD 29 Jul 1994

Skrine and Co (a Firm) and others v Euromoney Publications plc and others: QBD 10 Nov 2000

The court was asked to strike out parts of a defemation pleading alleging that (i) the Malaysian Prime Minister had acted in a manner intended and/or calculated to interfere with the independent judiciary; (ii) Malaysian judges applied the law of defamation to penalise dissent and stifle freedom of expression; and (iii) the claimants’ insurers only … Continue reading Skrine and Co (a Firm) and others v Euromoney Publications plc and others: QBD 10 Nov 2000

Morris v Wrentworth-Stanley: CA 2 Oct 1998

A compromise of a claim against jointly liable defendants with one of them operated to release all of them. The principle of accord and satisfaction survived the new Act. Citations: Times 02-Oct-1998, Gazette 14-Oct-1998 Statutes: Civil Liability (Contributions) Act 1978 3 Jurisdiction: England and Wales Litigation Practice Updated: 11 May 2022; Ref: scu.83860

Howkins and Harrison (A Firm) v Tyler and Another: CA 3 Aug 2000

Having paid out andpound;400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant also sought to recover the payment from the defendant under the Act. The application to stay the claim was refused. The Act could only operate for a claim for the same damage. … Continue reading Howkins and Harrison (A Firm) v Tyler and Another: CA 3 Aug 2000

Howkins and Harrison (A Firm) v Tyler and Another: ChD 9 Mar 2000

Having paid out andpound;400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant sought to recover the payment from the defendant under the Act. The application was refused. The Act could only operate for a claim for the same damage. What was lost by the … Continue reading Howkins and Harrison (A Firm) v Tyler and Another: ChD 9 Mar 2000

Birse Construction Ltd v Haiste Ltd: CA 12 Dec 1995

A contribution order was only proper where the damage caused was the same damage to the same person. Citations: Gazette 17-Jan-1996, Times 12-Dec-1995, Ind Summary 18-Dec-1995, [1996] 1 WLR 675 Statutes: Civil Liability (Contributions) Act 1978 2 Jurisdiction: England and Wales Cited by: Cited – Royal Brompton Hospital National Health Service Trust v Hammond and … Continue reading Birse Construction Ltd v Haiste Ltd: CA 12 Dec 1995

Eastgate Group Ltd v Lindsey Morden Group Inc, and Smith and Williamson (a Firm): CA 10 Oct 2001

The defendant faced a claim for breach of warranties given by vendors in a company share sale agreement. The sought a contribution from the purchasers accountants who had prepared figures upon which the purchase decision was based. The defendants’ liability was strictly in contract, but the contribution they sought arose in negligence. The Act formulated … Continue reading Eastgate Group Ltd v Lindsey Morden Group Inc, and Smith and Williamson (a Firm): CA 10 Oct 2001

Wealands v CLC Contractors Ltd, Key Scaffolding Ltd and another, Third Parties: CA 16 Nov 1999

Under a standard form arbitration reference, an arbitrator had the power to make an award for a contribution under the Act. A reference to arbitration under the laws of England meant that all such laws could be applied by the arbitrator as proper. Citations: Times 16-Nov-1999 Statutes: Civil Liability (Contributions) Act 1978 Jurisdiction: England and … Continue reading Wealands v CLC Contractors Ltd, Key Scaffolding Ltd and another, Third Parties: CA 16 Nov 1999

Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002

Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002

Joyce Andrews v Initial Cleaning Services Limited McDougalls Catering Foods Limited: CA 14 Jul 1999

Employees of one company were injured whilst working cleaning the premises of another. The issue was as to apportionment of the personal injury damages between the two companies. Held: There was an error of approach by the Recorder entitling the Court of Appeal to interfere with the apportionment. The defendant employer’s duty was not delegable, … Continue reading Joyce Andrews v Initial Cleaning Services Limited McDougalls Catering Foods Limited: CA 14 Jul 1999

W Lamb Limited (Trading As The Premier Pump and Tank Company) v J Jarvis and Sons Plc: TCC 31 Jul 1998

Contractors built a petrol station, and sub-contractors the underground piping. Leaks developed, and it was agreed to complete repairs, and apportion financial repairs through the court proceedings. In a case where a judge found it difficult to apportion blame, he could return to rely upon the question of onus. The parties had not alleged contributory … Continue reading W Lamb Limited (Trading As The Premier Pump and Tank Company) v J Jarvis and Sons Plc: TCC 31 Jul 1998