“The ‘damages’ awarded in respect of ‘the damage in question’ from which reduction was made pursuant to s 2(3)(b) of the Civil Liability (Contribution) Act 1978 in the event of contributory negligence on the part of the person who suffered the damage, had the same meaning as ‘the same damage’ and ‘damage in question’ in s 1(1) of the 1978 Act and s 2(1) of the 1978 Act. The reduction in respect of contributory negligence was therefore applied as a cap on the contributors’ liability after the court had first assessed the total loss for which both the contributors were liable.”
WLR Daily, 19th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
