LORETTO HOUSING ASSOCIATION LTD AGAINST CRUDEN BUILDING & RENEWALS LTD AND OTHERS [2021] ScotCS CSOH_127 (21 December 2021)

LORETTO HOUSING ASSOCIATION LTD AGAINST CRUDEN BUILDING & RENEWALS LTD AND OTHERS [2021] ScotCS CSOH_127 (21 December 2021)

A decree of absolvitor is not a decree finding a party liable; therefore, Cruden cannot claim a right of relief against Sheila Bunton under section 3(2) of the 1940 Act or at common law. The requirements for statutory and common law contribution are not satisfied when decree of absolvitor is granted.

Citation
[2021] ScotCS CSOH_127
Parties
Pursuer: Loretto Housing Association Limited; First Defender: Cruden Building & Renewals Limited; Second Defender: Cameron + Ross Limited; Second Third Party: Sheila Bunton, formerly trading as John Arnott Associates
Jurisdiction
Scotland
Judgment Date
21 December 2021
Procedural Posture
Commercial Action for Contribution Among Joint Wrongdoers / Judgment on Relevancy and Competency of Right of Relief Claim
Outcome
Defender's claim against second third party dismissed
Legal Topics
Contribution Among Joint Wrongdoers, Right of Relief, Settlement, Decree of Absolvitor
Contract Law Tort Law Contribution Among Joint Wrongdoers Right of Relief Settlement Decree of Absolvitor

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Parties

Loretto Housing Association Limited

Pursuer

Cruden Building & Renewals Limited

First Defender

Cameron + Ross Limited

Second Defender

Sheila Bunton, formerly trading as John Arnott Associates

Second Third Party

Procedural Posture

Commercial Action for Contribution Among Joint Wrongdoers / Judgment on Relevancy and Competency of Right of Relief Claim

Legal Issues

  1. 1 Whether a party who settles a court action and obtains decree of absolvitor has a right of relief against a joint wrongdoer under section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 or at common law

Ratio Decidendi

A decree of absolvitor is not a decree finding a party liable; therefore, Cruden cannot claim a right of relief against Sheila Bunton under section 3(2) of the 1940 Act or at common law. The requirements for statutory and common law contribution are not satisfied when decree of absolvitor is granted.

Court Disposition

Defender's claim against second third party dismissed

Orders

  • Sustain second third party's first and second pleas in law
  • Dismiss first defender's action against second third party