CAP. 28]
11 of 1936.
Short title,
Proceedings against and contribution between joint and several
tortfeasors. 25 & 26 Geo. 5, c. 30 B. 6.
Tortfeasors.
CHAPTER 28.
TORTFEASORS.
To amend the law relating to proceedings against, and con-
tribution between, tortfeasors.
[20th March, 1936.]
1. This Ordinance may be cited as the Tortfeasors Ordinance.
2. (1) Where damage is suffered by any person as a result of a tort (whether a crime or not)—
(a) judgment recovered against any tortfeasor liable in respect of that damage shall not be a bar to an action against any other person who would, if sued, have been liable as a joint tortfeasor in respect of the same damage;
(b) if more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the benefit of the estate, or of the wife, husband, parent or child, of that person, against tortfeasors liable in respect of the damage (whether as joint tortfeasors or otherwise) the sums recoverable under the judgments given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given; and in any of those actions, other than that in which judgment is first given, the plaintiff shall not be entitled to costs unless the court is of opinion that there was reasonable ground for bringing the action;
(c) any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tortfeasor or otherwise, so, however, that no person shall be entitled to recover contribution under this section from any person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought.
(2) In any proceedings for contribution under this section the amount of the contribution recoverable from
458
CAP. 28]
11 of 1936.
Short title,
Proceedings against and contribution between joint and several
tortfeasors. 25 & 26 Geo. 5, c. 30 B. 6.
Tortfeasors.
CHAPTER 28.
TORTFEASORS.
To amend the law relating to proceedings against, and con-
tribution between, tortfeasors.
[20th March, 1936.]
1. This Ordinance may be cited as the Tortfeasors Ordinance.
2. (1) Where damage is suffered by any person as a result of a tort (whether a crime or not)—
(a) judgment recovered against any tortfeasor liable in respect of that damage shall not be a bar to an action against any other person who would, if sued, have been liable as a joint tortfeasor in respect of the same damage;
(b) if more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the benefit of the estate, or of the wife, husband, parent or child, of that person, against tortfeasors liable in respect of the damage (whether as joint tortfeasors or otherwise) the sums recoverable under the judgments given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given; and in any of those actions, other than that in which judgment is first given, the plaintiff shall not be entitled to costs. unless the court is of opinion that there was reason- able ground for bringing the action;
(c) any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tortfeasor or otherwise, so, however, that no person shall be entitled to recover contribution under this section from any person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought.
(2) In any proceedings for contribution under this section the amount of the contribution recoverable from
458 -
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