Civil Liability Act 1961

Chapter II

Contribution between concurrent wrongdoers

Annotations:

Modifications (not altering text):

C14

Chapter applied with modifications (6.11.1981) by Malicious Injuries Act 1981 (9/1981), s. 21, commenced as per s.1(2).

Recovery of contribution by local authority.

21. (1) For the purpose, and only for the purpose, of the recovery of contribution by a local authority against which an award has been made on an application for compensation under this Act, the local authority and the person or persons who caused the damage or loss to which the application relates shall be deemed to be concurrent wrongdoers within the meaning of the Civil Liability Act, 1961, and the provisions of Chapter II of Part III of that Act shall, in so far as they are applicable for the purpose of this section, apply and have effect.

(2) For the purpose of subsection ( 1), any reference to damages in the provisions applied by that subsection shall be construed as a reference to compensation under this Act.

Contribution in respect of damages.

21

21. (1) Subject to the provisions of this Part, a concurrent wrongdoer (for this purpose called the claimant) may recover contribution from any other wrongdoer who is, or would if sued at the time of the wrong have been, liable in respect of the same damage (for this purpose called the contributor), so, however, that no person shall be entitled to recover contribution under this Part from any person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought.

(2) In any proceedings for contribution under this Part, the amount of the contribution recoverable from any contributor shall be such as may be found by the court to be just and equitable having regard to the degree of that contributor’s fault, and the court shall have power to exempt any person from liability to make contribution or to direct that the contribution to be recovered from any contributor shall amount to a complete indemnity.