Q&As

Is a judgment necessary in order to pursue a claim for contribution?

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Published on LexisPSL on 29/09/2015

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Is a judgment necessary in order to pursue a claim for contribution?
  • Do you need a judgment to pursue a claim for a contribution?
  • Contribution claim based on a settlement agreement—what are the limitation issues?

Is a judgment necessary in order to pursue a claim for contribution?

Do you need a judgment to pursue a claim for a contribution?

The fact that there has been no judgment does not preclude the bringing of a contribution claim per se; as confirmed in the following Practice Notes:

  1. Contribution claims under Civil Liability (Contribution) Act 1978

  2. Making an additional claim under CPR 20—claims for a contribution, indemnity or other remedy

and the extract from Atkins Court Forms in the related content section.

You can base a contribution claim upon a settlement only (including a Part 36 settlement), see in particular the dicta of Jackson LJ in Hampshire Constabulary at para [30].

Contribution claim based on a settlement agreement—what are the limitation issues?

The decision in Chief Constable of Hampshire Constabulary v Southampton City Council [2014] EWCA Civ 1541 does not preclude bringing a contribution claim based on a settlement (including a Part 36

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