Debt or Damages?

Hampton v Minns (Ch D TLR 27 March)

The claimant and defendant were co-sureties for a loan by a bank, the whole of which the bank recovered from the claimant. The defendant sought to defend the claimant’s action to recover half the amount he had paid on the grounds that the claim was covered by s1 of the Civil Liability (Contributions) Act 1978 and was therefore subject to the two-year limitation period imposed by s10 of the Limitation Act 1980.