Friends` Provident Life Office v Hillier Parker May & Rowden (a firm) (Estates and General plc and others, third parties)
Friends` Provident Life Office v Hillier Parker May & Rowden (a firm) (Estates and General plc and others, third parties)
- 1995
- All England Law Reports (1995) 4 All ER 260-282(23) .
CA 3 April 1995. F and H entered into an agreement whereby they would share development costs of a shopping centre. Part of H`s responsibilities involved checking and authorising payment of developer`s claims for F`s share of development costs. H recommended these payments, which (wrongly) included a figure for notional interest. F issued proceedings against H for breach of contract and negligence, claiming damages for interest paid. H issued third party proceedings against the developers, claiming contribution pursuant to Civil Liability (Contribution) Act 1978 s1(1) and s6(1) The court below struck out the third-party claims. H`s appeal allowed, finding that damages were alike - so allowing contribution claim, and that any damage was suffered within the meaning of the 1978 Act.
BREACH OF CONTRACT
CIVIL LIABILITY (CONTRIBUTION) ACT 1978
DAMAGES
DEVELOPMENT AGREEMENT
FRIENDS PROVIDENT LIFE OFFICE V HILLIER PARKER
NEGLIGENCE
NOTIONAL INTEREST
RESTITUTIONARY CLAIM
THIRD PARTY PROCEEDINGS
CA 3 April 1995. F and H entered into an agreement whereby they would share development costs of a shopping centre. Part of H`s responsibilities involved checking and authorising payment of developer`s claims for F`s share of development costs. H recommended these payments, which (wrongly) included a figure for notional interest. F issued proceedings against H for breach of contract and negligence, claiming damages for interest paid. H issued third party proceedings against the developers, claiming contribution pursuant to Civil Liability (Contribution) Act 1978 s1(1) and s6(1) The court below struck out the third-party claims. H`s appeal allowed, finding that damages were alike - so allowing contribution claim, and that any damage was suffered within the meaning of the 1978 Act.
BREACH OF CONTRACT
CIVIL LIABILITY (CONTRIBUTION) ACT 1978
DAMAGES
DEVELOPMENT AGREEMENT
FRIENDS PROVIDENT LIFE OFFICE V HILLIER PARKER
NEGLIGENCE
NOTIONAL INTEREST
RESTITUTIONARY CLAIM
THIRD PARTY PROCEEDINGS