26 February 2009
Nationwide Building Society v Dunlop Haywards Ltd and Cobbetts (a firm) [2009] EWHC 254 (Comm), [2009] All ER (D) 189 (Feb)
The phrase “the same damage” in s 1(1) of the Civil Liability (Contribution) Act 1978 means the damage, suffered by another person, for which both the person seeking contribution and the person from whom contribution is sought are liable. When s 2(1) speaks of “the damage in question” it is referring to the “same damage”, as specified in s 1(1), in respect of which rights of contribution arises. The court should examine the nature and extent of the defendants’ common liability when determining whether two defendants are liable for the same damage.
