Rahman v Arearose Ltd & Anor [2000] EWCA Civ 190 (15 June 2000)

Rahman v Arearose Ltd & Anor [2000] EWCA Civ 190 (15 June 2000)

Where injuries and psychiatric consequences are caused by separate but interacting torts, and it is possible to attribute aspects of the damage to each, the Civil Liability (Contribution) Act 1978 does not apply. Damages must be apportioned according to the respective causative contributions of each defendant, not by reference to blameworthiness, and each defendant is liable only for the damage for which he is responsible.

Citation
[2000] EWCA Civ 190
Parties
Claimant: Mr Rahman; First Defendants: Burger King (King's Cross franchisees); Second Defendants: NHS Trust
Jurisdiction
England and Wales
Judgment Date
15 June 2000
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; apportionment of damages adjusted.
Legal Topics
Apportionment of Damages, Psychiatric Injury, Concurrent Tortfeasors, Causation, Contribution Between Tortfeasors
Tort Law Personal Injury Apportionment of Damages Psychiatric Injury Concurrent Tortfeasors Causation Contribution Between Tortfeasors

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Parties

Mr Rahman

Claimant

Burger King (King's Cross franchisees)

First Defendants

NHS Trust

Second Defendants

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Civil Liability (Contribution) Act 1978 applies to apportionment of damages for psychiatric injury between separate tortfeasors
  2. 2 Whether the first defendants are liable for losses beyond those caused by their own tort, given subsequent negligence by the second defendants
  3. 3 Proper approach to apportionment of damages where injuries and psychiatric consequences are caused by separate but interacting torts

Ratio Decidendi

Where injuries and psychiatric consequences are caused by separate but interacting torts, and it is possible to attribute aspects of the damage to each, the Civil Liability (Contribution) Act 1978 does not apply. Damages must be apportioned according to the respective causative contributions of each defendant, not by reference to blameworthiness, and each defendant is liable only for the damage for which he is responsible.

Court Disposition

Appeal allowed in part; apportionment of damages adjusted.

Orders

  • Three quarters/one quarter apportionment to apply (three quarters to second defendants, one quarter to first defendants) except for heads of damage solely attributable to one defendant.
  • First defendants liable in full for first three years loss of earnings and removal expenses (£578).