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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

Farstad Supply AS v Enviroco Ltd and Another: SCS 1 May 2009

Citations: [2009] ScotCS CSIH – 35 Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 3(2) Citing: Appeal from – Farstad Supply As v Enviroco Ltd and Another SCS 23-Apr-2008 (Outer House) The pursuers alleged that the defendant service company was responsible in negligence for damage by fire to its oil rig supply vessel. … Continue reading Farstad Supply AS v Enviroco Ltd and Another: SCS 1 May 2009

Comex Houlder Diving Ltd v Colne Fishing Co Ltd: HL 19 Mar 1987

The House considered the means of imposing liability under the 1940 Act. The House was asked whether or not a draft agreement was binding notwithstanding that it had not been formally executed as apparently envisaged by the parties. Held: No right of contribution exists under Scottish law unless the right arises out of liability on … Continue reading Comex Houlder Diving Ltd v Colne Fishing Co Ltd: HL 19 Mar 1987

Farstad Supply As v Enviroco Ltd: SC 5 May 2010

The defendants (E) were liable to F after a serious offshore accident, but sought a contribution from a third party (A), the main charterers, seeking to rely on section 3(2) o the 1940 Act saying that ‘if sued they might have been liable’. The court was asked to interpret the section, saying whether this answer … Continue reading Farstad Supply As v Enviroco Ltd: SC 5 May 2010