Civil Liability Act 1961

Judgment in favour of one alleged wrongdoer.

19

19. (1) Where the injured person sues one or more of alleged concurrent wrongdoers and judgment is given for one defendant, the injured person shall be bound by the findings of fact in favour of such defendant in the injured person’s present or subsequent action against another or others of the alleged concurrent wrongdoers.

(2) ( a) For the purpose of subsection (1) of this section, where judgment is given for the said defendant on the ground of the injured person’s discontinuance, the injured person shall be bound by the allegations and denials in the said defendant’s defence as if they had been found in favour of the said defendant, so far as they are relevant to the defence of that defendant.

( b) Paragraph (a) of this subsection shall not apply unless, on the facts, the injured person is barred by his discontinuance from bringing a second action against the said defendant.

(3) Where an action is brought against concurrent wrongdoers and judgment is given against one and for another for a reason that goes to the liability of all, the first-mentioned judgment shall be discharged.

(4) Where an action is brought against concurrent wrongdoers and judgment is given against one without reduction of damages and against another subject to a reduction of damages under subsection (1) of section 34 on account of the plaintiff’s contributory negligence, the damages under the first-mentioned judgment shall be assessed subject to the same proportionate reduction, and the provisions of section 38 shall apply.