Woodland v Maxwell & Ors

Woodland v Maxwell & Ors

It is just and equitable for the second defendant (Deborah Maxwell) to contribute one third to the third defendant’s (Essex County Council) liability to the claimant, reflecting her comparative culpability and causative responsibility, rather than a full indemnity or equal share.

Parties
Claimant: Annie Rachel Woodland (a protected party represented by her father and litigation friend, Ian Woodland); Second Defendant: Deborah Maxwell; Third Defendant: Essex County Council
Jurisdiction
England and Wales
Judgment Date
01 April 2015
Procedural Posture
Civil / Judgment on Part 20 Proceedings (contribution Claim After Principal Liability Judgment)
Outcome
Contribution claim allowed in part; second defendant to contribute one third to third defendant’s liability to claimant.
Legal Topics
Negligence, Non Delegable Duty of Care, Contribution Between Tortfeasors, Vicarious Liability
Tort Law Civil Procedure Negligence Non Delegable Duty of Care Contribution Between Tortfeasors Vicarious Liability

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Parties

Annie Rachel Woodland (a protected party represented by her father and litigation friend, Ian Woodland)

Claimant

Deborah Maxwell

Second Defendant

Essex County Council

Third Defendant

Procedural Posture

Civil / Judgment on Part 20 Proceedings (contribution Claim After Principal Liability Judgment)

Legal Issues

  1. 1 Whether the third defendant (Essex County Council) is entitled to a complete indemnity or a contribution from the second defendant (Deborah Maxwell) for liability to the claimant under the Civil Liability (Contribution) Act 1978.

Ratio Decidendi

It is just and equitable for the second defendant (Deborah Maxwell) to contribute one third to the third defendant’s (Essex County Council) liability to the claimant, reflecting her comparative culpability and causative responsibility, rather than a full indemnity or equal share.

Court Disposition

Contribution claim allowed in part; second defendant to contribute one third to third defendant’s liability to claimant.

Orders

  • Second defendant (Deborah Maxwell) to contribute one third to the third defendant’s (Essex County Council) liabilities to the claimant, both in respect of damages and legal costs.