Aer Lingus v Gildacroft Ltd & Anor [2006] EWCA Civ 4 (17 January 2006)

Aer Lingus v Gildacroft Ltd & Anor [2006] EWCA Civ 4 (17 January 2006)

The limitation period for a claim for contribution under section 10 of the Limitation Act 1980 begins only when a judgment or award ascertaining the quantum of liability is given, not merely a judgment on liability alone.

Citation
[2006] EWCA Civ 4
Parties
Appellant: Aer Lingus; 1st Respondent/defendant: Gildacroft Limited; 2nd Respondent/defendant: Sentinel Lifts Limited
Jurisdiction
England and Wales
Judgment Date
17 January 2006
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Limitation of Actions, Contribution Between Tortfeasors, Interpretation of Statutes
Civil Procedure Tort Law Limitation of Actions Contribution Between Tortfeasors Interpretation of Statutes

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Parties

Aer Lingus

Appellant

Gildacroft Limited

1st Respondent/defendant

Sentinel Lifts Limited

2nd Respondent/defendant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Does the limitation period for a contribution claim under section 10 of the Limitation Act 1980 begin with a judgment on liability only, or only when quantum is ascertained?

Ratio Decidendi

The limitation period for a claim for contribution under section 10 of the Limitation Act 1980 begins only when a judgment or award ascertaining the quantum of liability is given, not merely a judgment on liability alone.

Court Disposition

Appeal allowed

Orders

  • Aer Lingus's appeal is allowed; the limitation period for its contribution claim did not begin until the judgment ascertaining quantum was given.