You can run...
Parisotti, Melinda
You can run... - 2006 - Building 271(8418) 17 February 2006, 55(1) .
Gives the facts of, and comments upon, Baker and Davies plc v Leslie Wilks Associates ([2005] EWHC 1179 (TCC) [2005] BLC 425), where a claim was made by a contractor against an engineer under the Civil Liability (Contribution) Act 1978. The engineer's argument that the time limit for a claim for contribution had expired was rejected by the court. The author argues that if it had been upheld, the effect would be that a non-binding arrangement in the main action, which fell through after two years, would prevent contribution proceedings being brought, which was clearly not the intention of parliament when the Limitation Act 1980 was passed.
BAKER AND DAVIES PLC V LESLIE WILKS ASSOCIATES
CIVIL LIABILITY (CONTRIBUTION) ACT 1978
LIMITATION ACT 1980
You can run... - 2006 - Building 271(8418) 17 February 2006, 55(1) .
Gives the facts of, and comments upon, Baker and Davies plc v Leslie Wilks Associates ([2005] EWHC 1179 (TCC) [2005] BLC 425), where a claim was made by a contractor against an engineer under the Civil Liability (Contribution) Act 1978. The engineer's argument that the time limit for a claim for contribution had expired was rejected by the court. The author argues that if it had been upheld, the effect would be that a non-binding arrangement in the main action, which fell through after two years, would prevent contribution proceedings being brought, which was clearly not the intention of parliament when the Limitation Act 1980 was passed.
BAKER AND DAVIES PLC V LESLIE WILKS ASSOCIATES
CIVIL LIABILITY (CONTRIBUTION) ACT 1978
LIMITATION ACT 1980