Last amended by Automated and Electric Vehicles Act 2018 in 2018. 1 recorded amendment effect, including Act (legislation.gov.uk changes data).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Civil Liability (Contribution) Act 1978 governs the right of a person who is liable for damage to recover a contribution from anyone else who is liable for the same damage. It replaced and widened the contribution provisions of the Law Reform (Married Women and Tortfeasors) Act 1935: under s.1 any person liable in respect of damage can recover contribution from any other person liable for the same damage 'whatever the legal basis of his liability' — whether in tort, breach of contract, breach of trust, or otherwise. Under s.2 the amount of contribution is whatever the court finds just and equitable having regard to the extent of each person's responsibility, and can range from a complete indemnity to a nil contribution. Contribution claims carry a two-year limitation period (Limitation Act 1980, s.10) running from the judgment or settlement that fixed the claimant's own liability.
Key Points
- Any person liable for damage may recover contribution from any other person liable for the same damage (s.1)
- Liability counts 'whatever its legal basis' — tort, breach of contract, breach of trust, or otherwise (s.6)
- The amount of contribution is what the court finds just and equitable, having regard to each party's responsibility (s.2)
- Contribution may amount to a complete indemnity, or may be reduced to nothing
- Two-year limitation period for contribution claims (Limitation Act 1980 s.10) from the judgment or settlement
Parts & Sections
Amendments History
1998 — The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017
3 recorded amendment effects (legislation.gov.uk changes data).
2010 — The Rail Passengers’ Rights and Obligations Regulations 2010
2 recorded amendment effects (legislation.gov.uk changes data).
2013 — Crime and Courts Act 2013
1 recorded amendment effect (legislation.gov.uk changes data).
2018 — Automated and Electric Vehicles Act 2018
1 recorded amendment effect, including Act (legislation.gov.uk changes data).
1996 — Defamation Act 1996
1 recorded amendment effect, including Act (legislation.gov.uk changes data).
Frequently asked questions
- What is the main purpose of the Civil Liability (Contribution) Act 1978?
- The Civil Liability (Contribution) Act 1978 allows a person who is liable for damage to recover a contribution from anyone else who is also liable for that same damage. This right applies regardless of the legal basis of the other party's liability, which can include tort, breach of contract, or breach of trust.
- How is the amount of contribution calculated?
- The court determines the amount of contribution by finding what is just and equitable, having regard to the extent of each person's responsibility for the damage. The resulting amount can range from a complete indemnity, where the claimant recovers everything, to a nil contribution, where they recover nothing.
- Does a judgment against one person stop me suing others for the same damage?
- If a judgment is obtained against one of two or more persons who are jointly liable for the same debt or damage, this does not prevent an action being brought against the others. However, a claimant who has already obtained judgment in one action is generally limited from recovering costs in later actions against others liable for the same damage, except in special circumstances.