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
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
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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
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
References: Times 11-Oct-1994 Coram: Chadwick J 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 … Continue reading Arab Monetary Fund v Hashim; 11 Oct 1994
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
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
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
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
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
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
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 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
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 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 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 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
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 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
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
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
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
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
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
Gross, Hamblen LJJ, Sir Colin Rimer [2016] EWCA Civ 773 Bailii Civil Liability (Contribution) Act 1978 1(4) England and Wales Damages Updated: 20 January 2022; Ref: scu.567678
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
‘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
Blake J [2015] EWHC 820 (QB) Bailii Civil Liability (Contribution) Act 1978 81 2(1) England and Wales Negligence, Personal Injury Updated: 29 December 2021; Ref: scu.545353
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
The defendants appealed their convictions for murder, saying that the court had not properly guided the jury on provocation. The court was faced with apparently conflicting decision of the House of Lords (Smith) and the Privy Council (Holley). Held: ‘The rule that this court must always follow a decision of the House of Lords and, … Continue reading James, Regina v; Regina v Karimi: CACD 25 Jan 2006
Application for contrbution to damages. [2013] EWHC 2341 (TCC) Bailii Civil Liability (Contribution) Act 1978 England and Wales Negligence Updated: 17 November 2021; Ref: scu.513785
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
The claimant was assaulted and severely injured at a night club by a doorman supplied to the club by a third party company now in liquidation. He claimed the club was the ‘temporary deemed employer’ of the doorman. He also sought to claim under the insurance policy of the security company for an ‘accidental bodily … Continue reading Hawley v Luminar Leisure Ltd and others: CA 24 Jan 2006
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
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
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
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
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
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
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
The claimant firm of solicitors had been found negligent, and now sought a contribution to the damages awarded from the barrister defendant. They had not managed properly issues as to their clients competence to handle the proceedings. Held: The standard of care required was that: ‘the barrister must conduct himself in his professional work with … Continue reading McFaddens (A Firm) v Platford: TCC 30 Jan 2009
Where a claimant had settled one claim with one of two joint tortfeasors on an issue which also concerned the action against the second, it was a matter for interpretation of that settlement as to whether or not the claimant could continue the . .
Appeal from stay imposed until discovery of a particular document. . .
The claimant had paid money for a property, but the seller was a fraudster and no money or title was recovered. The claimant sued both his conveyancers and the solicitors who had acted for the fraudster, in each case innocently. The defendants each . .