Proceedings against, and contribution between, wrongdoers
(1) Where damage is suffered by a person as the result of a wrongful
act
(a) judgment recovered against a person who is liable in respect of that
damage is not a bar to an action against any other person who would, if sued
by the person by whom the damage was suffered at the time when the cause of
action arose, have been liable in respect of the same damage;
(b) if more actions than one are brought in respect of that damage by or on
behalf of the person by whom it was suffered, or for the benefit of the
estate, or of a dependant, of that person, against persons who are liable in
respect of the damage the sums recoverable under the judgments given in those
actions by way of damages shall not, in the aggregate, exceed the amount of
the damages awarded by the judgment first given; and in any of those actions,
other than that in which judgment is first given, the plaintiff is not
entitled to costs unless the court is of the opinion that there was reasonable
ground for bringing the action;
(c) a person who is liable in respect of that damage may recover contribution
from any other person who is, or would, if sued by the person by whom the
damage was suffered at the time when the cause of action arose, have been,
liable in respect of the same damage but so that no person is entitled to
recover contribution under this section from a person who is entitled to be
indemnified by him in respect of the liability in respect of which the
contribution is payable;
(d) a person may recover contribution or indemnity from another person who is,
or would, if sued by the person by whom the damage was suffered at the time
when the cause of action arose, have been, liable in respect of the same
damage by settling with the person by whom the damage was suffered and
thereafter commencing or continuing an action against the other person, in
which case the first-mentioned person shall satisfy 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.
(e)
. . . . . . . .
(2) In proceedings for contribution under this section, the amount of
the contribution that is recoverable from a person shall be such amount 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, and, for the purposes of this
section, the court has power to exempt a person from liability to make
contribution, or to direct that the contribution to be recovered from a person
shall amount to a complete indemnity.
(3) A release of, or accord with, one person granted or made by a person
by whom damage is suffered
(a) does not discharge another person unless the release so provides; and
(b) relieves the person to whom it is granted or with whom it is made from
liability to make contribution to another person
and has effect to
reduce the claim of the person by whom damage is suffered
(c) in the amount of the consideration paid for the release or accord;
(d) in any amount or proportion by which the release or accord provides that
the total claim of that person shall be reduced; or
(e) to the extent that the person to or with whom the release or accord is
granted or made would have been liable to make contribution to another person
if the total claim of the person by whom damage is suffered had been paid by
the other person
whichever is the greatest.
(4) For the purposes of this section, the taking out of court of money
that has been paid in by a person shall be deemed to be an accord and
satisfaction with him, and the amount of money so taken out shall be deemed to
be the amount of the consideration paid for the accord.
(5) Notwithstanding any provisions of any enactment requiring notice of
damage or injury to be given, or notice of an intended action to be given, or
limiting the time within which an action may be brought, proceedings for
contribution under this section may, although notice of damage or injury, or
notice of an intended action, as the case may be, has not been given, or the
time so limited has expired, be commenced at any time within the period of
twelve months (or within such extended period as may be allowed pursuant to
subsection (6) of this section) after the writ in the original action was
served on the person seeking to recover contribution.
(6) A judge, magistrate or any other person constituting or presiding
over a court of competent jurisdiction, on the application of a person seeking
to recover contribution under this section, may, in his discretion and subject
to such conditions (if any) as he may impose, extend the period within which
proceedings for recovery of contribution shall be commenced, notwithstanding
that the period prescribed in subsection (5) of this section may have expired,
if he is satisfied that the person from whom contribution is sought to be
recovered will not be prejudiced in his defence by reason of the extension.
(7) Execution for the recovery of contribution under this section shall
not be issued without the leave of a judge, magistrate or any other person
constituting or presiding over a court of competent jurisdiction, and upon
application for leave under this subsection the judge, magistrate or other
person may direct that payment to the original plaintiff shall be sufficient
satisfaction of the judgment for contribution.
(8) Nothing in this section
(a) affects any criminal proceedings against a person in respect of a wrongful
act; or
(b) renders enforceable an agreement for indemnity that would not have been
enforceable if this section had not been enacted.
(9) A reference in this section to the judgment first given shall, in a
case where that judgment is reversed on appeal, be construed as a reference to
the judgment first given that is not so reversed, and, in a case where a
judgment is varied on appeal, shall be construed as a reference to that
judgment as so varied.