Playing with Fire and the Contribution Act: The House of Lords

Andrew Bartlett QC and Kim Franklin

November 2002

A paper given to a meeting of the Society of Construction Law in London
on 10th September 2002.

Andrew Bartlett and Kim Franklin look at contribution claims, explaining
the background to the Civil Liability (Contribution) Act 1978 and some
of its key provisions, and then discussing the recent House of Lords'
decisions (in particular Co-op etail Services v Taylor Young Partnership
and Others). The authors were counsel in that case, which they consider
in detail, looking at the arguments at first instance, before the Court
of Appeal and the House of Lords, as well as the judgments.

Introduction - The need for statutory reform - Key provisions
of the Civil Liability (Contribution) Act 1978 - Co-op v Taylor
Young - New judicial approach - Conclusion.

The authors: Andrew Bartlett QC FCIArb is a leading counsel and chartered
arbitrator and Kim Franklin FCIArb is a barrister and chartered arbitrator;
they both practise from Crown Office Chambers in London. They were counsel
for Wimpey in the Co-op case.

Text 15 pages.

PDF file size: 240k