Ben Patten QC and Siân Mirchandani
April 2018
A paper presented to the Society of Construction Law at a meeting in London on 7th November 2017
This paper looks at section 1(4) of the Civil Liability (Contribution) Act 1978 Act (which permits a right of contribution where two persons are both liable to a third person for the same damage). The section provides that if A enters into a bona fide settlement with B, A is entitled to recover contribution against C if the facts asserted in B’s claim are assumed to be true. The case of IMI v Delta, which clarifies the law, is considered as are the questions which it leaves unanswered.
Introduction – The 1978 Act – The collateral defence – The decision in IMI v Delta – A ‘reasonable cause of action’ – The interaction of section 1(4) with section 2(1) – Conclusions.
The authors: Ben Patten QC and Siân Mirchandani are barristers practising at Four New Square, London.
Text: 13 pages