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 in the assessment of relative responsibility which the court has to make. But in the result the court’s assessment has to be just and equitable and this must enable the court to take account of other factors as well as those which are strictly causative. Such an assessment made by a trial judge will only be altered on appeal if it is clearly wrong.’


Lord Justice Laws Lord Justice Tuckey Lord Justice Brooke


[2004] EWCA (Civ) 665




Civil Liability (Contribution) Act 1978 2


England and Wales

Cited by:

BindingBrian Warwicker Partnership v HOK International Ltd CA 27-Jul-2005
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 . .
See AlsoPlatt Site Services Ltd, Barkin Construction Ltd v Re-Source America International Ltd CA 8-Feb-2005
The plaintiff was the bailee of spools which were used to carry optic fibre cables which it was to refurbish. The spools were destroyed by fire.
Held: The company was entitled to recover the cost of replacing the spools, subject to a deduction . .
See AlsoRe-Source America Ltd. v Platt Site Services Ltd and Another (No 3) TCC 20-Oct-2005
. .
Lists of cited by and citing cases may be incomplete.

Insurance, Construction, Negligence, Damages

Updated: 11 June 2022; Ref: scu.197929