Andrew Bartlett QC and Kim Franklin
November 2002
A paper given to a meeting of the Society of Construction Law in London on 10th September 2002.
Andrew Bartlett and Kim Franklin look at contribution claims, explaining the background to the Civil Liability (Contribution) Act 1978 and some of its key provisions, and then discussing the recent House of Lords’ decisions (in particular Co-op etail Services v Taylor Young Partnership and Others). The authors were counsel in that case, which they consider in detail, looking at the arguments at first instance, before the Court of Appeal and the House of Lords, as well as the judgments.
Introduction – The need for statutory reform – Key provisions of the Civil Liability (Contribution) Act 1978 – Co-op v Taylor Young – New judicial approach – Conclusion.
The authors: Andrew Bartlett QC FCIArb is a leading counsel and chartered arbitrator and Kim Franklin FCIArb is a barrister and chartered arbitrator; they both practise from Crown Office Chambers in London. They were counsel for Wimpey in the Co-op case.
Text 15 pages.
PDF file size: 240k