Failure to Bring Contribution Proceedings

Sweetman v Shepherd and others (CA LSG 6 April)

The judge gave summary judgment for the defendants on the ground that the claimant could have brought his claim by third party or contribution proceedings in previous proceedings between the parties. In allowing the appeal it was held that to prevent a person from bringing an action where he could have brought contribution proceedings against a co-defendant in an earlier action was not justifiable. The claimant was allowed to proceed with his action on condition that he made a payment into court.