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Civil Liability (Contribution) Act 1978 in Scotland

1978 c. 47 · Enacted 31 July 1978 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 21 April 2021.

Contents

  1. 3Proceedings against persons jointly liable for the same debt or damage.
  2. 4Successive actions against persons liable (jointly or otherwise) for the same damage.
  3. Supplemental
  4. 9Consequential amendments and repeals.
  5. Schedule 1: Consequential Amendments
  6. The Law Reform (Contributory Negligence) Act 1945
  7. 1Paragraph 1
  8. 3&4Paragraph 3&4 Repealed
  9. 5Paragraph 5
  10. 6Paragraph 6 Repealed
  11. 7Paragraph 7
  12. 8Paragraph 8 Repealed

3Proceedings against persons jointly liable for the same debt or damage.

Judgment recovered against any person liable in respect of any debt or damage shall not be a bar to an action, or to the continuance of an action, against any other person who is (apart from any such bar) jointly liable with him in respect of the same debt or damage.

4Successive actions against persons liable (jointly or otherwise) for the same damage.

If more than one action is brought in respect of any damage by or on behalf of the person by whom it was suffered against persons liable in respect of the damage (whether jointly or otherwise) the plaintiff shall not be entitled to costs in any of those actions, other than that in which judgment is first given, unless the court is of the opinion that there was reasonable ground for bringing the action.

9Consequential amendments and repeals.C1

(1)

The enactments specified in Schedule 1 to this Act shall have effect subject to the amendments set out in that Schedule, being amendments consequential on the preceding provisions of this Act.

(2)

The enactments specified in Schedule 2 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

1C1

For section 5(b) of the Law Reform (Contributory Negligence) Act 1945 (application to Scotland) there shall be substituted—

“(b)

section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (contribution among joint wrongdoers) shall apply in any case where two or more persons are liable, or would if they had all been sued be liable, by virtue of section 1(1) of this Act in respect of the damage suffered by any person.”

3&4

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5C1

(1)

In section 4(1) of the Carriage by Air Act 1961 (limitation of liability) paragraph (a) shall be omitted.

(2)

In section 5(2) of that Act, for the word “tortfeasors” there shall be substituted the words “persons liable for any damage to which the Convention relates”.

6

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7C1

In section 5(1) of the Carriage of Goods by Road Act 1965 (exclusion, as respects carriers of the general laww with respect to contribution between persons liable for the same damage), for the words from “section 6(1)(c)” to “(Northern Ireland) 1937” there shall be substituted the words “section 1 of the Civil Liability (Contribution) Act 1978”.

8

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