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:
Statutes:
Civil Liability (Contribution) Act 1978
Jurisdiction:
England and Wales
Citing:
Binding – Re-Source America International Ltd. v Platt Site Services Ltd. and Another, Barkin Construction Ltd CA 2-Jun-2004
‘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 . .
Cited – Madden v Quirk QBD 1989
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. . .
Cited by:
Cited – Carisbrooke Shipping Cv5 v Bird Port Ltd ComC 13-Sep-2005
. .
Lists of cited by and citing cases may be incomplete.
Damages, Construction
Updated: 01 July 2022; Ref: scu.229023
