Aer Lingus v Gildacroft Ltd & Anor

Aer Lingus v Gildacroft Ltd & Anor

The limitation period for a claim for contribution under section 10 of the Limitation Act 1980 does not begin to run until the quantum of the claimant tortfeasor’s liability has been ascertained by judgment, award, or agreement, not merely upon a judgment on liability alone.

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
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal allowed
Legal Topics
Limitation of Actions, Contribution Claims, Statutory Interpretation
Civil Procedure Tort Law Limitation of Actions Contribution Claims Statutory Interpretation

Case Brief

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Parties

Aer Lingus

Appellant

Gildacroft Limited

1st Respondent/defendant

Sentinel Lifts Limited

2nd Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 When does the limitation period for a claim for contribution under the Civil Liability (Contribution) Act 1978 begin to run under section 10 of the Limitation Act 1980?
  2. 2 Does a judgment on liability alone (with damages to be assessed) trigger the limitation period, or is a judgment ascertaining quantum required?

Ratio Decidendi

The limitation period for a claim for contribution under section 10 of the Limitation Act 1980 does not begin to run until the quantum of the claimant tortfeasor’s liability has been ascertained by judgment, award, or agreement, not merely upon a judgment on liability alone.

Court Disposition

appeal allowed

Orders

  • Aer Lingus’s appeal is allowed.