TORTFEASORS ORDINANCE

TORTFEASORS ORDINANCE

CHAPTER 28.

TORTFEASORS

To amend the law relating to proceedings against. and con-
tribution between, tortfeasors.

[2oth March, 1936.]

1. This Ordinance may be cited as the Tortfeasors
Ordinance.

2. (1) . Whete damage is suffered by any person as a
result of a tort (whether a. crime or not)-
(a)judgment recovered against any tortfeasor liable in
respect of that damage shall not be a bar to an
action against any other person who would, if sued,
have been liable as a joint tortfeasor in respect of
the same damage;
(b)if more than one action is brought in respect of
that damage by or on behalf of the person by whom
it was suffered, or for the benefit of the estate, or
of the wife, husband, parent or child, of that person,
against tortfeasors liable in respect of the damage
(whether as joint tortfeasors or otherwise) the sums
recoverable under the judgments given in those
actions by way of damages shall not in the
aggregate exceed the amount of the damages
awarded by the judgment first given; and in any of
those actions, other than that in which judgment is
first given, the plaintiff shall not be entitled to costs
unless the court is of opinion that there was reason-
able ground for bringing the action;
(c)any tortfeasor liable in respect of that damage may
recover contribution from any other tortfeasor who
is, or would if sued have been, liable in respect of
the same damage, whether as a joint tortfeasor or
otherwise, so, however, that no person shall be
entitled to recover contribution under this section
from any person entitled to be indemnified by him
in respect of the hability in respect of which the
contribution is sought.

(2) In any proceedings for contribution under this
section the amount of the contribution recoverable from





any person shall be such as may be found by the court
to be just and equitable having regard to the extent of that
person's responsibility for the damage; and the court shall
have power to exempt any person from liability to make
contribution, or to direct that the contribution to be recovered
from any person shall amount to a complete indemnity.

(3) For the purposes of this section-
(a)the expressions 'parent'and 'child' have the
same meanings as they have for the purposes of
the Fatal Accidents Ordinance; and
(b)the reference in this section to 'the judgment first
given' shall, in a case where that judgment is
reversed on appeal, be construed as a reference to
the judgment first given which is not so reversed
and, in a case where a judgment is varied on appeal,
be construed as a reference to that judgment as so
varied.

(4) Nothing in this section shall-
(a)affect any criminal proceedings against any person
in respect of any wrongful act; or
(b)render enforceable any agreement for indemnity
which would not have been enforceable if this
section had not been passed.
11 of 1936. Short title. Proceedings against and contribution between joint and several tortfeasors. 25 & 26 Geo. 5, c. 30, s. 6. (Cap. 22).

11 of 1936. Short title. Proceedings against and contribution between joint and several tortfeasors. 25 & 26 Geo. 5, c. 30, s. 6. (Cap. 22).

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