Judges: The Honourable Sir Michael Turner Citations: [2004] EWHC 1372 (QB) Links: Bailii Statutes: Civil Liability Act 1978 Jurisdiction: England and Wales Citing: Cited – Morris v West Hartlepool Steam Navigation HL 1956 The ship had followed a practice of leaving the between deck hatch covers off in the absence of a guard rail around … Continue reading AB and others v British Coal Corporation and Coal Mining Contractor Defendants: QBD 22 Jun 2004
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
The voir dire system allows a defendant to give his evidence on the limited issues surrounding the circumstances under which his statement was made as to the admissibility of the confession, without infringing his right to elect not to give evidence in the trial of the general issue. The committee confirmed the rule excluding from … Continue reading Wong Kam-Ming v The Queen: PC 20 Dec 1978
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
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
Judges: HH Judge Thornton QC Citations: [2009] EWHC 2237 (TCC) Links: Bailii Statutes: Civil Liability (Contribution) Act 1978 Jurisdiction: England and Wales Construction Updated: 06 June 2022; Ref: scu.431623
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
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
Extent of Counsel’s Immunity in Negligence The House considered the extent of a barrister’s immunity from action in negligence, and particularly whether it covered pre-trial acts or omissions in connection with civil proceedings. Held: A barrister’s immunity from suit extended only to such pre-trial work as was intimately connected with the conduct of the case … Continue reading Saif Ali v Sydney Mitchell and Co (a Firm): HL 1978
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
The victim died on a farm when his dumper truck overturned burying him in its load. Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of injury arose out of the state of affairs at the … Continue reading Chargot Limited (T/A Contract Services) and Others, Regina v: HL 10 Dec 2008
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Judges: HHJ Lickley KC Sitting as a Judge of the High Court Citations: [2022] EWHC 2686 (KB) Links: Bailii Statutes: Civil Liability Act 1978 1(1) Jurisdiction: England and Wales Damages, Negligence Updated: 26 October 2022; Ref: scu.682045
The claimants operated football leagues, and asked the defendant solicitors to act in negotiating the sale of television rights to ONdigital. The broadcasts went ahead, but no guarantees were taken for the contract. The claimants alleged professional negligence, and claimed many millions of pounds. The defendant denied negligence and said that if negligence was found, … Continue reading The Football League Ltd v Edge Ellison (A Firm): ChD 23 Jun 2006
The court considered various cross claims between the firm of solicitors, now in administration,and their insurers after the insurance company had met claims by former clients. Judges: Cooke J Citations: [2010] EWHC 2679 (Comm) Links: Bailii Statutes: Civil Liability (Contribution) Act of 1978 Jurisdiction: England and Wales Insurance, Legal Professions, Professional Negligence Updated: 09 December … Continue reading Greene Wood Mclean Llp v Templeton Insurance Ltd: ComC 26 Oct 2010
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994
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
A senior employee of Charter had fraudulently spent substantial sums with City Index. City Index had paid out on a claim of knowing receipt, and sought contributions from directors of Charter and their auditors, saying that they had known of the fraud and done nothing. They now appealed summary dismissal of the claim. Held: The … Continue reading City Index Ltd and others v Gawler and others; Charter plc v City Index Ltd: CA 21 Dec 2007
The plaintiff’s son aged 10 died of Addison’s Disease which had not been diagnosed. An action against the Health Authority was settled. The parents then brought an action against 5 doctors in their local GP Practice in relation to matters that had taken place post death. The allegations included conspiracy to injure by unlawful means. … Continue reading Powell and Another v Boldaz and others: CA 1 Jul 1997
Whether the 1978 Act has extraterritorial effect. Judges: Lord Justice David Richards Lord Justice Irwin And Lord Justice Phillips Citations: [2020] EWCA Civ 926, [2021] 2 WLR 87, [2021] 2 All ER (Comm) 497, [2020] PIQR P20, [2021] 2 All ER 449, [2020] WLR(D) 422, [2021] QB 859 Links: Bailii, WLRD Statutes: Civil Liability (Contribution) … Continue reading Roberts v The Soldiers, Sailors, Airmen and Families Association and Another: CA 17 Jul 2020
Question as to the effect of the Civil Liability (Contribution) Act 1978, namely whether it has mandatory or overriding effect (‘overriding effect’) so that it applies to all contribution claims brought in England and Wales, or whether it applies only when domestic choice of law rules indicate that the contribution claim in question is governed … Continue reading The Soldiers, Sailors, Airmen and Families Association – Forces Help and Another v Allgemeines Krankenhaus Viersen Gmbh: SC 2 Nov 2022
In an action for damages and false imprisonment, the defendant police officers sought to have introduced the claimant’s previous criminal record, which was expired under the 1974 Act. Held: The judge had been correct not to follow practice in criminal cases on such questions. The purpose of the Act in civil proceedings was to allow … Continue reading Thomas v Commissioner of Police for Metropolis: CA 28 Nov 1996
There had been a settlement of proceedings for libel brought by Lord Aldington against Mr Nigel Watts and Count Nikolai Tolstoy. Lord Aldington had obtained judgment for andpound;1.5 million in damages against both defendants following a trial. Bankruptcy orders were made against both Mr Watts and Count Tolstoy. By early 1991 Lord Aldington was faced … Continue reading Watts v Aldington, Tolstoy v Aldington: CA 15 Dec 1993
The court was asked whether a defendant vendor of shares in a company, who is sued by the purchaser for breach of the warranties in the share sale agreement, can seek a contribution, pursuant to section 1 of the Civil Liability (Contribution) Act 1978, from the purchaser’s investigative accountants on the basis that those accountants … Continue reading Eastgate Group Ltd v Lindsey Morden Group Inc and Another: CA 10 Oct 2001
On a proper construction of the expression ‘place where the harmful event occurred’ in Article 5(3) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters as amended by the Convention of 9 October 1978 on the accession of the Kingdom of Denmark, Ireland and the … Continue reading Shevill, Ixora Trading Inc., Chequepoint SARL and Chequepoint International Ltd v Presse Alliance SA: ECJ 7 Mar 1995
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
Tahini had been sold which was contaminated with salmonella. The parties now disputed responsibility to the end suppliers of the houmous in which it had been incorporated, and whether it should be tried here or in Greece. Judges: Eder J Citations: [2011] EWHC 111 (QB) Links: Bailii Statutes: Civil Liability Contribution Act 1978 Jurisdiction: England … Continue reading Katsouris Brothers Ltd v Haitoglou Bros Sa: ChD 31 Jan 2011
EAT PRACTICE AND PROCEDURE – Parties The Claimant brought proceedings against the First Respondents under the Sex Discrimination Act 1975, partly arising out of alleged harassment by the Appellant, a former colleague. She advanced no claim against the Appellant and made it clear that she had no wish to do so; but the First Respondents … Continue reading Beresford v Sovereign House Estates and Another: EAT 29 Nov 2011
The claimant sought damages from the defendant barristers who had represented her in criminal proceedings. They had not passed on to her the statement made by the judge in chambers that if she pleaded guilty he would not impose a sentence of imprisonment, but sought to persuade her to change her plea. When she did … Continue reading Awoyomi v Radford and Another: QBD 12 Jul 2007
Damages were claimed against a barrister for advice on a settlement given at the door of the court. After substantial litigation, made considerably more difficult by the negligence of the solicitors, the barrister had not advised the claimant at the door of the court to accept an offer. The claimant was not advised as to … Continue reading Moy v Pettman Smith (a firm) and another: HL 3 Feb 2005
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004
The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and breach of the 1998 Regulations, saying that the statutory exemption of the Embassies from liability … Continue reading Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state immunity. Held: A claim in libel was defeated by a claim of sovereign immunity. … Continue reading Holland v Lampen-Wolfe: HL 20 Jul 2000
The plaintiff had been riding as a passenger in the open part of a pick up truck which crashed. Held: The passenger contributed significantly (85%) to his own injuries by choosing an unsafe mode of travel. Judges: Simon Brown J Citations: [1989] 1 WLR 702 Statutes: Civil Liability (Contributions) Act 1978 2(1) Jurisdiction: England and … Continue reading Madden v Quirk: QBD 1989
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 death actually occurred as a consequence of the negligence of his medical treatment in Spain. Judges: Phillips … Continue reading Kinnear and Others v Falconfilms Nv and Others: QBD 27 Jan 1994
The parties were each sureties for a debt to their bank from their company. The bank recovered the company’s debt from one surety, who in turn sought a contribution of half from the other. The respondent asserted that the claim was statute barred, because in this case it was a claim under a guarantee for … Continue reading Hampton v Minns: ChD 17 May 2001
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 plaintiffs were injured in a road accident caused by flooding. They sued the executors of the deceased driver whose car spun out of control into the path of their own car, and also the highway authority, who had installed a proper system of drainage (except in one respect) but whose employees had failed to … Continue reading Burnside and Another v Emerson and Others: CA 1968
Citations: [2014] EWCA Civ 1541 Links: Bailii Statutes: Civil Liability (Contribution) Act 1978, Limitation Act 1980 10 Jurisdiction: England and Wales Limitation Updated: 28 July 2022; Ref: scu.539387
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
Having paid out pounds 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 … Continue reading Howkins and Harrison (A Firm) v Tyler and Another: ChD 9 Mar 2000
The claimants sought to pursue an action in negligence against their solicitors saying that they had conducted another case negligently, and thereby they had lost their chance in the action, on the basis that the hotel at the centre of the action had a value attributed of ten million pounds when it should have been … Continue reading Hicks v Russell Jones and Walker (A Firm): ChD 27 Apr 2007
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
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
Judges: Tugendhat J Citations: [2009] EWHC 1145 (QB) Links: Bailii Statutes: Civil Liability (Contribution) Act 1978 Jurisdiction: England and Wales Damages Updated: 09 July 2022; Ref: scu.346748
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 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
The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse. Held: The power was validly exercised. Provided the recovery of the sums for which the security was given … Continue reading Meretz Investments Nv and Another v ACP Ltd and others: ChD 30 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
Judges: Cranston J Citations: [2008] EWHC 1172 (QB) Links: Bailii Statutes: Civil Liability (Contribution) Act 1978 Jurisdiction: England and Wales Damages Updated: 04 July 2022; Ref: scu.268689
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
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
Judges: Rose J Citations: [2015] EWHC 1676 (Ch), [2015] WLR(D) 262, [2015] 1 WLR 4881 Links: Bailii, WLRD Statutes: Civil Liability (Contribution) Act 1978 1(4) Jurisdiction: England and Wales Damages, Limitation Updated: 21 June 2022; Ref: scu.549253
‘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
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 plaintiff crossed road at a pelican crossing. The lights were against him but one car had stopped. As he passed that car he was struck by another in the second lane and again by a car coming the other way. The judge had held the three equally responsible. The defendants appealed the calculation of … Continue reading Fitzgerald v Lane: HL 14 Jul 1988
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
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
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
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
A US citizen acting in course of employment as educational officer on US military base in the UK enjoyed state immunity from liability for defamation. This applied though he was a civilian and the State Immunity Act 1978 did not apply. Judges: Nourse, Hutchison LJJ, Sir John Balcombe Citations: Times 29-Aug-1998, Gazette 23-Sep-1998, [1998] EWCA … Continue reading Holland v Lampen-Wolfe: CA 30 Jul 1998
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
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
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
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
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
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
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 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
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
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
A notice was served in 1983 under section 58 of the Control of Pollution Act 1974 requiring the abatement of a noise nuisance. That section was repealed by the Environmental Protection Act 1990, with effect from 1st January 1991, and a new procedure for statutory nuisance was substituted. On 25th January 1992, an information was … Continue reading Aitken v South Hams District Council: HL 8 Jul 1994
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
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
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
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
In cases under the 1978 Act the court does not ask whether, under some rule of English private international law to be found independently of that Act, the contribution claim is to be determined by reference to the 1978 Act. Rather, the court asks whether, under the provisions of the 1978 Act itself, the contribution … Continue reading Arab Monetary Fund v Hashim: 11 Oct 1994
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. International law prohibiting torture has the character of jus cogens … Continue reading Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
Illegality was arguably not a defence to a claim under the Act of 1978: ‘The Act of 1978 extends the potential for contribution beyond joint tortfeasors to joint contractors, joint trustees and others who are liable in respect of the same damage. . . . it is manifest that the words of section 6(1) of … Continue reading K v P (J, Third Party): 1993
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
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
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
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998
Judges: Chief ICC Judge Briggs Citations: [2021] EWHC 22 (Ch) Links: Bailii, Judiciary Statutes: Civil Liability (Contribution) Act 1978 Jurisdiction: England and Wales Professional Negligence Updated: 20 April 2022; Ref: scu.657218
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
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
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
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
No Waiver for disclosure of Advice EAT PRACTICE AND PROCEDURE: Admissibility of evidence The claimant sought disclosure of certain legal advice on the basis that its effect, and a summary of its contents, had been put before the court and therefore privilege was waived. The Tribunal rejected the application and the EAT held that they … Continue reading Brennan and others v Sunderland City Council Unison GMB: EAT 16 Dec 2008
The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority appealed a finding that it was liable, arguing that the claims were time barred and that it had … Continue reading Anns and Others v Merton London Borough Council: HL 12 May 1977
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
French consignees of a shipment of peaches sued in France the Australian issuers of the bill of laiding under which the goods were carried (a contract claim) and the Dutch carriers and master of the ship in which they were carried (tort claims). Held: There was no jurisdiction under Article 6(1) because none of the … Continue reading Reunion Europeenne Sa and Others v Spliethoff’s Bevrachtingskantoor Bv and Another: ECJ 27 Oct 1998
Europa Where the place of the happening of the event which may give rise to liability in tort, delict or quasi-delict and the place where that event results in damage are not identical, the expression ‘place where the harmful event occurred’, in article 5(3) of the convention of 27 September 1968 on jurisdiction and the … Continue reading Handelskwekerij GJ Bier Bv v Mines De Potasse D’Alsace Sa: ECJ 30 Nov 1976
An agreement between the parties for assignment or novation of a credit agreement, contained a ‘take out’ agreement (‘TOA’). The defendant began proceedings in California to rescind the agreement, and the claimants obtained summary judgement under the TOA and an injunction to prevent the defendants proceeding in California. The defendants appealed. There were allegations of … Continue reading National Westminster Bank v Utrecht-America Finance Company: CA 10 May 2001
The claimant alleged professional negligence against his former solicitors in the settlement of his claim against his former partners. Held: The claim failed. There had been no clear duty to give the advice the claimant said should have been given, and nor was it clear that even if that advice had been given, the claimant … Continue reading Seery v Leathes Prior (A Firm): QBD 24 Jan 2017
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
Shareholder May Sue for Additional Personal Losses A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter. Held: It need not be an abuse of the court for a shareholder to seek damages against advisers to … Continue reading Johnson v Gore Wood and Co: HL 14 Dec 2000
