A joint tortfeasor’s concurrent liability was discharged entirely by a full and final settlement and compromise of the claim against the other tortfeasor if in respect of the same harm. A dependency claim made by the claimant’s executors could not proceed where the deceased had settled his own claim in damages.
Lord Browne-Wilkinson Lord Lloyd of Berwick Lord Hoffmann,
Lord Hope of Craighead Lord Clyde
Times 17-Dec-1998, Gazette 03-Feb-1999, [1998] UKHL 51, [2000] 1 AC 455, [1999] 2 WLR 141, [1999] 1 All ER 193
House of Lords, Bailii
Fatal Accidents Act 1976 1(1)
England and Wales
Cited by:
Cited – Heaton and others v AXA Equity and Law Life Assurance Society Plc and Another CA 19-May-2000
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 . .
Explained – Heaton and Others v AXA Equity and Law Life Assurance Society plc and Another HL 25-Apr-2002
The claimant had settled one claim in full and final satisfaction against one party, but then sought further damages from the defendant, for issues related to a second but linked contract. The defendant claimed the benefit of the settlement.
Cited – Cape and Dalgleish v Fitzgerald and others HL 25-Apr-2002
The employee was dismissed. After a compromise of the claims and counter claims, the employers sought damages from their accountants for failing to spot the losses. The accountants then sought to recover the damages awarded from the employee, not . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Litigation Practice
Updated: 05 December 2021; Ref: scu.158983
