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 bar by taking the assignment. However the court remained under a duty to consider the position under the Act. That would require an independent assessment of the liability of the party now discharged, and that had been made impossible by the settlement. The court could not comply wth its duty, and the claim was dismissed.
Judges:
Simon Berry QC
Citations:
Times 31-Mar-2003, Gazette 10-Apr-2003
Statutes:
Civil Liability (Contribution) Act 1978 2(1)
Jurisdiction:
England and Wales
Citing:
Cited – R A Lister Ltd v Thompson (Shipping) Ltd 1987
When asking whether a liability remained to support a claim, after a compromise, a relevant liability would include a future liability imposed by the court even if that had not yet been assessed. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 28 April 2022; Ref: scu.180958
