Percy v White & Anor

Percy v White & Anor

Merriman White is entitled to a contribution from David Mayall for 40% of the settlement sum paid to Percy, as both were liable for the same damage arising from breach of duty of care, and the no reflective loss principle does not bar recovery in this context.

Parties
Claimant: Richard Terence Percy; Defendant/additional Claimant: Merriman White; Defendant/additional Claimant: Raymond John Murphy; Additional Defendant: David Mayall
Jurisdiction
England and Wales
Judgment Date
12 January 2021
Procedural Posture
Contribution Claim / Judgment After Trial
Outcome
Contribution claim allowed; apportionment at 40% against David Mayall
Legal Topics
Derivative Claims, Duty of Care, Contribution, Reflective Loss, Just and Equitable Winding Up
Company Law Professional Negligence Civil Procedure Derivative Claims Duty of Care Contribution Reflective Loss Just and Equitable Winding Up

Case Brief

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Parties

Richard Terence Percy

Claimant

Merriman White

Defendant/additional Claimant

Raymond John Murphy

Defendant/additional Claimant

David Mayall

Additional Defendant

Procedural Posture

Contribution Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Merriman White is entitled to contribution from David Mayall under the Civil Liability (Contribution) Act 1978
  2. 2 Whether the no reflective loss principle bars recovery
  3. 3 Whether the breach of duty caused the same damage

Ratio Decidendi

Merriman White is entitled to a contribution from David Mayall for 40% of the settlement sum paid to Percy, as both were liable for the same damage arising from breach of duty of care, and the no reflective loss principle does not bar recovery in this context.

Court Disposition

Contribution claim allowed; apportionment at 40% against David Mayall

Orders

  • David Mayall to contribute 40% of the settlement sum paid by Merriman White to Richard Percy
  • Parties invited to agree an order