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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Hampshire Constabulary v Southampton City Council [2014] EWCA Civ 1541 (01 December 2014) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2014/1541.html Cite as: [2014] EWCA Civ 1541, [2014] CN 2089 |
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ON APPEAL FROM SOUTHAMPTON COUNTY COURT
DISTRICT JUDGE POWELL
2YN64361
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE PATTEN
and
LORD JUSTICE LEWISON
____________________
THE CHIEF CONSTABLE OF HAMPSHIRE CONSTABULARY |
Appellant |
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- and - |
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SOUTHAMPTON CITY COUNCIL |
Respondent |
____________________
Mr Glyn Edwards (instructed by Wansborough Solicitors) for the Respondent
Hearing date: Thursday 30th October 2014
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Crown Copyright ©
Lord Justice Jackson :
Part 1. Introduction | Paragraphs 2 to 8 |
Part 2. The facts | Paragraphs 9 to 15 |
Part 3. The contribution proceedings | Paragraphs 16 to 20 |
Part 4. The appeal to the Court of Appeal | Paragraphs 21 to 23 |
Part 5. Does this case fall within section 10 (3) or section 10 (4) of the Limitation Act 1980? | Paragraphs 24 to 34 |
Part 6. The construction of section 10 (4) of the Limitation Act 1980 | Paragraphs 35 to 47 |
Part 7. Executive summary | Paragraphs 48 to 51 |
"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)."
"Subject to sub-section (3) below, in any proceedings for contribution under section 1 above 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."
"(1) Where under section 1 of the Civil Liability (Contribution) Act 1978 any person becomes entitled to a right to recover contribution in respect of any damage from any other person, no action to recover contribution by virtue of that right shall be brought after the expiration of two years from the date on which that right accrued."
(2) For the purposes of this section the date on which a right to recover contribution in respect of any damage accrues to any person (referred to below in this section as "the relevant date") shall be ascertained as provided in sub-sections (3) and (4) below.
(3) If the person in question is held liable in respect of that damage —
(a) by a judgment given in any civil proceedings; or
(b) by an award made on any arbitration;
the relevant date shall be the date on which the judgment is given, or the date of the award (as the case may be).
For the purposes of this sub-section no account shall be taken of any judgment or award given or made on appeal in so far as it varies the amount of damages awarded against the person in question.
(4) If, in any case not within sub-section (3) above, the person in question makes or agrees to make any payment to one or more persons in compensation for that damage (whether he admits any liability in respect of the damage or not), the relevant date shall be the earliest date on which the amount to be paid by him is agreed between him (or his representative) and the person (or each of the persons, as the case may be) to whom the payment is to be made."
"The effect of acceptance of a Part 36 offer
(1) If a Part 36 offer is accepted, the claim will be stayed.
….
(5) Any stay arising under this rule will not affect the power of the court –
(a) to enforce the terms of a Part 36 offer;
(b) to deal with any question of costs (including interest on costs) relating to the proceedings."
"UPON AGREEMENT having been reached between the parties for the settlement of the Claimant's claim in this action and by consent IT IS ORDERED:-
1. All proceedings in this action be stayed except for the purposes of implementing the agreed terms set out in the Schedule hereto with liberty to apply for such purpose.
2. The Defendant to pay the Claimant's costs of this action such costs to be agreed if possible and if not, to be subject to a detailed assessment by the court.
SCHEDULE
1. The Claimant do accept the sum of £71,351.20 (seventy one thousand three hundred and fifty one pounds and twenty pence) in full and final settlement of his claim arising from these proceedings.
2. The Defendant do pay to the Claimant's solicitors the sum of £35,000 (thirty five thousand pounds) within 14 days of the date of this Order.
3. The Defendant do pay to the Compensation Recovery Unit the sum of £36,351.20 (thirty six thousand pounds three hundred and fifty one pounds and twenty pence) within 14 days of this order.
4. The Claimant do return to the Defendant the original Police notebooks and any CID day books/notes and any material relating to criminal matters retained by him upon his retirement within 90 days of the date of this Order.
5. Upon payment of the foresaid sums and costs the Defendant be discharged from all further liabilities arising out of or in any way connected with the claim the subject matter of these proceedings."
"AND UPON the parties agreeing terms that namely that the
1. The Claimant's cost of this action payable by the Defendant are agreed in the sum of £140,000 (inclusive of vat and interest, credit to be given for the sum of £75,000 paid on account)
2. The costs of the detailed assessment are agreed in the sum of £11,500 (inclusive of vat and interest)
IT IS ORDERED THAT
1. The balance of £76,500 be paid by the Defendant to the Claimant on or before 29 September 2011
2. Liberty to apply."
"Our present view is that the 1978 Act enables the party claiming contribution to recover a contribution towards a payment made in respect of the injured party's costs: but it is sufficient for the purposes of the present case that the judge was entitled to have regard to the whole of the settlement figure paid in respect of 'all claims'. We would so hold."
Lord Justice Patten:
Lord Justice Lewison: