Assessing contribution

Brian Warwicker Partnership v HOK International Ltd CA TLR 19 September

Section 2 of the Civil Liability (Contribution) Act 1978 enables a court to assess the amount of contribution a person liable in respect of any damage may recover from any other person liable in respect of the same damage. Although s2 is not concerned solely with causative responsibility, the role of non-causative factors in apportioning damages should be limited. Section 2(1) is a semi-structured discretion which directs the court to attach most weight to the defendant’s responsibility for the damage in question. If any non-causative material is brought into account, the resulting order for contribution has to be just and equitable within s2(1). Therefore, there would have to be some sufficient relationship between it and the damage in question.