Civil Liability (Contribution) Act 1981

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0014/CivilLiabilityContributionAct1981_1.pdf
Published: 2012-09-01

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Civil Liability (Contribution) Act 1981

c i e
AT 14 of 1980

CIVIL LIABILITY (CONTRIBUTION) ACT

1981

Civil Liability (Contribution) Act 1981 Index


c AT 14 of 1980 Page 3

c i e
CIVIL LIABILITY (CONTRIBUTION) ACT 1981

Index Section Page

Proceedings for contribution 5

1 Entitlement to contribution ........................................................................................... 5
2 Assessment of contribution ........................................................................................... 6
Proceedings for the same debt or damage 7

3 Proceedings against persons jointly liable for the same debt or damage ............... 7
4 Successive actions against persons liable (jointly or otherwise) for the
same damage ................................................................................................................... 7
Supplemental 7

5 Application to the Crown .............................................................................................. 7
6 Interpretation ................................................................................................................... 7
7 Savings ............................................................................................................................. 8
8 Consequential amendments and repeals .................................................................... 8
9 Short title and commencement ..................................................................................... 8
SCHEDULE 1 9

SCHEDULE 2 9

ENDNOTES 11

TABLE OF LEGISLATION HISTORY 11
TABLE OF RENUMBERED PROVISIONS 11
TABLE OF ENDNOTE REFERENCES 11

Civil Liability (Contribution) Act 1981 Section 1


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c i e
CIVIL LIABILITY (CONTRIBUTION) ACT 1981

Received Royal Assent: 31 July 1981
Passed: 13 October 1981
Commenced: 1 January 1982
AN ACT
to make new provision for contribution between persons who are
jointly or severally, or both jointly and severally, liable for the same damage
and in certain other similar cases where two or more persons have paid or may
be required to pay compensation for the same damage; and to amend the law
relating to proceedings against persons jointly liable for the same debt or jointly
or severally, or both jointly and severally, liable for the same damage.
Proceedings for contribution
1 Entitlement to contribution

[P1978/47/1]
(1) Subject to the following provisions of this section, any person liable in
respect of any damage suffered by another person may recover
contribution from any other person liable in respect of the same damage
(whether jointly with him or otherwise).
(2) A person shall be entitled to recover contribution by virtue of subsection
(1) notwithstanding that he has ceased to be liable in respect of the
damage in question since the time when the damage occurred, provided
that he was so liable immediately before he made or was ordered or
agreed to make the payment in respect of which the contribution is
sought.
(3) A person shall be liable to make contribution by virtue of subsection (1)
notwithstanding that he has ceased to be liable in respect of the damage
in question since the time when the damage occurred, unless he ceased
to be liable by virtue of the expiry of a period of limitation or
prescription which extinguished the right on which the claim against
him in respect of the damage was based.
(4) A person who has made or agreed to make any payment in bona fide
settlement or compromise of any claim made against him in respect of
Section 2 Civil Liability (Contribution) Act 1981


Page 6 AT 14 of 1980 c

any damage (including a payment into court which has been accepted)
shall be entitled to recover contribution in accordance with this section
without regard to whether or not he himself is or ever was liable in
respect of the damage, provided, however, that he would have been
liable assuming that the factual basis of the claim against him could be
established.
(5) A judgment given in any action brought in the Island by or on behalf of
the person who suffered the damage in question against any person from
whom contribution is sought under this section shall be conclusive in the
proceedings for contribution as to any issue determined by that
judgment in favour of the person from whom the contribution is sought.
(6) References in this section to a person’s liability in respect of any damage
are references to any such liability which has been or could be
established in an action brought against him in the Island by or on behalf
of the person who suffered the damage; but it is immaterial whether any
issue arising in any such action was or would be determined (in
accordance with the rules of private international law) by reference to the
law of a country outside the Island.
2 Assessment of contribution

[P1978/47/2]
(1) Subject to subsection (3), in any proceedings for contribution under
section 1 the amount of the contribution recoverable from any person
shall be such as may be found by the court to be just and equitable
having regard to the extent of that person’s responsibility for the damage
in question.
(2) Subject to subsection (3), the court shall have power in any such
proceedings to exempt any person from liability to make contribution, or
to direct that the contribution to be recovered from any person shall
amount to a complete indemnity.
(3) Where the amount of the damages which have or might have been
awarded in respect of the damage in question in any action brought in
the Island by or on behalf of the person who suffered it against the
person from whom the contribution is sought was or would have been
subject to —
(a) any limit imposed by or under any enactment or by any
agreement made before the damage occurred;
(b) any reduction by virtue of section 1 of the Law Reform
(Contributory Negligence) Act 1946 or section 5 of the Fatal Accidents
Act 1981; or
(c) any corresponding limit or reduction under the law of a country
outside the Island;
Civil Liability (Contribution) Act 1981 Section 3


c AT 14 of 1980 Page 7

the person from whom the contribution is sought shall not by virtue of
any contribution awarded under section 1 be required to pay in respect
of the damage a greater amount than the amount of those damages as so
limited or reduced.
Proceedings for the same debt or damage
3 Proceedings against persons jointly liable for the same debt or damage

[P1978/47/3]
Judgment recovered against any person liable in respect of any debt or damage
shall not be a bar to an action, or to the continuance of an action, against any
other person who is (apart from any such bar) jointly liable with him in respect
of the same debt or damage.
4 Successive actions against persons liable (jointly or otherwise) for the

same damage

[P1978/47/4]
If more than one action is brought in respect of any damage by or on behalf of
the person by whom it was suffered against persons liable in respect of the
damage (whether jointly or otherwise) the plaintiff shall not be entitled to costs
in any of those actions, other than that in which judgment is first given, unless
the court is of the opinion that there was reasonable ground for bringing the
action.
Supplemental
5 Application to the Crown

[P1978/47/5]
This Act shall bind the Crown, but nothing in this Act shall be construed as in
any way affecting Her Majesty in Her private capacity.
6 Interpretation

[P1978/47/6]
(1) A person is liable in respect of any damage for the purposes of this Act if
the person who suffered it (or anyone representing his estate or
dependants) is entitled to recover compensation from him in respect of
that damage (whatever the legal basis of his liability, whether tort,
breach of contract, breach of trust or otherwise).
(2) References in this Act to an action brought by or on behalf of the person
who suffered any damage include references to an action brought for the
benefit of his estate or dependants.
(3) In this Act —
Section 7 Civil Liability (Contribution) Act 1981


Page 8 AT 14 of 1980 c

“action
” means an action or suit brought in the High Court;
“dependants
” has the same meaning as in the Fatal Accidents Act 1981;
“judgment
” includes execution.
7 Savings

[P1978/47/7]
(1) Nothing in this Act shall affect any case where the debt in question
became due or (as the case may be) the damage in question occurred
before the date on which it comes into force.
(2) A person shall not be entitled to recover contribution or liable to make
contribution in accordance with section 1 by reference to any liability
based on breach of any obligation assumed by him before the date on
which this Act comes into force.
(3) The right to recover contribution in accordance with section 1 supersedes
any right, other than an express contractual right, to recover contribution
(as distinct from indemnity) otherwise than under this Act in
corresponding circumstances; but nothing in this Act shall affect —
(a) any express or implied contractual or other right to indemnity; or
(b) any express contractual provision regulating or excluding
contribution;
which would be enforceable apart from this Act (or render enforceable
any agreement for indemnity or contribution which would not be
enforceable apart from this Act).
8 Consequential amendments and repeals

(1) [Repealed]1

(2) [Repealed]2

9 Short title and commencement

(1) This Act may be cited as the Civil Liability (Contribution) Act 1981.
(2) This Act shall come into force on 1st January next following the date on
which it is passed.3

Civil Liability (Contribution) Act 1981 Schedule 1



c AT 14 of 1980 Page 9

Schedule 1
4

Schedule 2
5

Civil Liability (Contribution) Act 1981 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) repealed by Limitation Act 1984 Sch 4. 2
Subs (2) repealed by Statute Law Revision Act 1992 Sch 2. 3
Effective 1/1/1982. 4
Sch 1 repealed by Limitation Act 1984 Sch 4. 5
Sch 2 repealed by Statute Law Revision Act 1992 Sch 2.