Contribution Claims: Sharing pain after IMI v Delta

Ben Patten QC and Siân Mirchandani

April 2018

A paper presented to the Society of Construction Law at a meeting in London on 7th November 2017

This paper looks at section 1(4) of the Civil Liability (Contribution) Act 1978 Act (which permits a right of contribution where two persons are both liable to a third person for the same damage). The section provides that if A enters into a bona fide settlement with B, A is entitled to recover contribution against C if the facts asserted in B's claim are assumed to be true. The case of IMI v Delta, which clarifies the law, is considered as are the questions which it leaves unanswered.

Introduction - The 1978 Act - The collateral defence - The decision in IMI v Delta - A 'reasonable cause of action' - The interaction of section 1(4) with section 2(1) - Conclusions.

The authors: Ben Patten QC and Si√¢n Mirchandani are barristers practising at Four New Square, London.

Text: 13 pages