Civil Liability Act 1961

Contribution claimed by settling tortfeasor.

22

22.—(1) Where the claimant has settled with the injured person in such a way as to bar the injured person’s claim against the other concurrent wrongdoers, the claimant may recover contribution in the same way as if he had suffered judgment for damages, if he satisfies the court that the amount of the settlement was reasonable; and, if the court finds that the amount of the settlement was excessive, it may fix the amount at which the claim should have been settled.

(2) Where the claimant has settled with the injured person without barring the injured person’s claim against the other concurrent wrongdoers or has paid to the injured person a sum on account of his damages, the claimant shall have the same right of contribution as aforesaid, and for this purpose the payment of a reasonable consideration for a release or accord shall be regarded as a payment of damages for which the claimant is liable to the injured person: but the contributor shall have the right to claim repayment of the whole or part of the sum so paid if the said contributor is subsequently compelled to pay a sum in settlement of his own liability to the injured person and if the circumstances render repayment just and equitable.

Annotations

Modifications (not altering text):

C17

Application of section extended with modifications (1.06.2004) by Personal Injuries Assessment Board Act 2003 (46/2003), s. 42, S.I. No. 252 of 2004.

Application of section 22 of Act of 1961 (claims for contributions between concurrent wrongdoers).

42.—(1) As between—

(a) one or more respondents and either or both—

(i) one or more non-participating respondents,

(ii) one or more non-accepting respondents,

(b) one or more non-participating respondents or non-accepting respondents and either or both—

(i) one or more other non-participating respondents,

(ii) one or more other non-accepting respondents,

and

(c) any one or more of the foregoing persons and one or more other persons (not falling within either of the preceding paragraphs) who are concurrent wrongdoers as respects the relevant claim,

an order to pay shall, for the purposes of section 22 of the Act of 1961, be regarded as a settlement by the first-mentioned respondent or respondents in paragraph (a) with the claimant of his or her relevant claim.

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