ASSESSMENT OF CONTRIBUTION UNDER THE CIVIL LIABILITY (CONTRIBUTION) ACT 1978

Brian Warwicker Partnership v HOK International Ltd [2005] EWCA Civ 962 (unreported, 27 July 2005)

Rachel Kapila

The Court of Appeal in Brian Warwicker Partnership v HOK International Ltd [2005] EWCA Civ 962 (unreported, 27 July 2005) has affirmed that acts and omissions which are not causative of loss may be taken into account for the purpose of assessing what (if any) contribution should be ordered pursuant to the Civil Liability (Contribution) Act 1978. However, the view was provisionally expressed that the role of non-causative factors should be a limited one. They must be given less weight than causative material, and there must be some ‘sufficient relationship’ or ‘close connection’ between them and the damage in question, such as to make it appropriate for them to be reflected in an amount that is ‘just and equitable’.