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Birse Construction Ltd v Haiste Ltd, Watson and Others (Third Parties)

Language: English Series: Weekly Law Reports ; (1995) 1 WLR 675-683 (9)Publication details: 1995Subject(s): Summary: CA 5 December 1995. A water authority (A) contracted with B for the design and construction of a reservoir. B retained H as a consulting engineer and a third party (X) was employed by A to issue all necessary certificates. Resrvoir was found to be defective and B agreed to construct a new one at its own expense. B then sued H who in turn claimed contribution from X. X appealed. "Held" that `the same damage` referred to in the Civil Liability (Contribution) Act 1978 s1 was the damage suffered by the person to whom the party seeking contribution was liable. Accordingly, H had no right to contribution from X. Appeal allowed.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS55299 (Browse shelf(Opens below)) 1 Available 15567-1001

CA 5 December 1995. A water authority (A) contracted with B for the design and construction of a reservoir. B retained H as a consulting engineer and a third party (X) was employed by A to issue all necessary certificates. Resrvoir was found to be defective and B agreed to construct a new one at its own expense. B then sued H who in turn claimed contribution from X. X appealed. "Held" that `the same damage` referred to in the Civil Liability (Contribution) Act 1978 s1 was the damage suffered by the person to whom the party seeking contribution was liable. Accordingly, H had no right to contribution from X. Appeal allowed.