Baker and Davies plc v Leslie Wilks Associates (Record no. 76529)

MARC details
000 -LEADER
fixed length control field 02332cab a2200205 4500
001 - CONTROL NUMBER
control field ##L132620
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060223n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u132620
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Baker and Davies plc v Leslie Wilks Associates
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. B claimed a contribution or indemnity from L under the Civil Liability (Contribution) Act 1978 in respect of the cost of underpinning a block of flats where B had been building contractors and L consulting engineers. B carried out the remedial works and paid monies to the owner (S) in respect of losses incurred. The monies were subject to a settlement agreement, the date and terms of which were in issue. The preliminary issues to be considered were when the settlement agreement had been reached, whether the settlement gave rise to a claim for contribution, and when time had started had run under the Limitation Act 1980. L contended that the settlement was an agreement to carry out work at no cost to S, whereas the right to recover a contribution only arose where the person seeking it had made, or been ordered to make, payment, and also that correspondence between S and B had culminated in a settlement agreement of the claim which fell outside the limitation period. "Held" Parliament had not intended the Limitation Act to place any limit or restriction on the right of a person to claim a contribution from another liable in respect of the same damage. Section 10 of the Act was concerned with time limitation not narrowing the nature of the right to contribution. On the facts, although S had approved the work four years earlier and there may have been a contract, this did not constitute a settlement of the claim, and there was nothing in the correspondence to suggest that S had given up its claim against B. Time had started to run from a more recent settlement deed.
590 ## - LOCAL NOTE (RLIN)
Local note IKA280206
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BAKER AND DAVIES PLC V LESLIE WILKS ASSOCIATES
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LIMITATION ACT 1980
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CIVIL LIABILITY (CONTRIBUTION) ACT 1978
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ADVOCACY
856 41 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/1179.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/1179.html</a>
Public note View the item free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 23/02/2006   ONLINE PUBLICATION 132620-1001 06/08/2019 1 06/08/2019 Law report