The English law of contribution and reimbursement is essentially concerned with any situation where two parties must both pay a debt to a third party, compensate him for harm that he has suffered at their hands, or restore an enrichment which they have unjustly gained at his expense. This book is based on the rules of English law which determine the answers to these questions.

Dr Charles Mitchell is a Reader in Law at King's College London, where he teaches trusts, unjust enrichment, contract, insurance, and company law. His research interests lie in these fields, and also in the area of voluntary sector law and policy. He is the author of The Law of Subrogation (Clarendon Press, 1994) and co-editor (with Sue Moody) of Foundations of Charity (Hart Publishing, 2000).

Table of Cases

xiii

Tables of Legislation, Treaties and Conventions

xliii

List of Abbreviations

li

I INTRODUCTION

Introduction

What are Contribution and Reimbursement?

1

(22)

The Scope and Structure of the Book

23

Analogous Claims

Introduction

1

(1)

Claims in Contract

2

(13)

Claims in Tort

15

(6)

Claims in Unjust Enrichment

21

Contribution, Reimbursement, and Unjust Enrichment

Introduction

1

(4)

Unjust Enrichment and Restitution

5

(8)

Unjust Enrichment, Contribution, and Reimbursement

13

Mapping the Law

Introduction

1

(2)

Claims at Common Law and in Equity

3

(17)

Claims under the Civil Liability (Contribution) Act 1978

20

(31)

Claims under the Carriage of Goods by Road Act 1965

51

(4)

Claims under the Merchant Shipping Act 1995

55

(6)

Claims under the Social Security (Recovery of Benefits) Act 1997 and the Road Traffic (NHS Charges) Act 1999

61

(3)

Rationalizing the Law

64

II PRACTICAL ISSUES

Practice and Procedure

Introduction

1

(4)

Pleading Rules

5

(4)

Procedural Issues

9

III THE COMPONENTS OF A CLAIM

Claimant and Defendant Are Both Legally Liable to Creditor

Introduction

1

(1)

The Basic Rule

2

(11)

Legal Pressure

13

(5)

Liability to a Common Demand

18

(7)

Pre-emptive Liabilities

25

(8)

Voluntary Exposure to Liability

33

Creditor May Not Accumulate Recoveries

Introduction

1

(9)

Assumed Liabilities

10

(4)

Imposed Liabilities

14

Creditor Can Recover in Full from Claimant or Defendant

Introduction

1

(7)

Joint and Several Liabilities

8

(26)

Proportionate Liabilities

34

Defendant's Liability to Creditor is Discharged by Claimant

Introduction

1

(4)

The Rules on Discharge

5

Apportionment Between Claimant and Defendant

Introduction

1

(10)

Contractual Allocation of Responsibility

11

(4)

Equal Apportionment

15

(4)

Causative Potency

19

(9)

Moral Blameworthiness

28

(6)

Retention of Gains

34

(5)

The Relative Weight of the Apportionment Rules

39

(14)

Examples

53

IV DEFENCES

Claimant's Liability to Creditor

Introduction

1

(2)

Raising Defences on the Claimant's Behalf

3

(8)

Previous Court Orders

11

(5)

Settlements

16

Defendant's Liability to Creditor

Introduction

1

(2)

Previous Court Orders

3

(7)

Settlements

10

(8)

Contributory Negligence

18

(2)

Statutory Defences

20

(2)

Contractual Exclusion of Liability

22

(6)

Contractual Limitation of Liability

28

(3)

Expiry of Limitation Periods

31

(3)

Discharge of Co-sureties

34

Defendant's Liability to Claimant

Introduction

1

(1)

Contractual Exclusion or Limitation of Liability

2

(5)

Settlements

7

(1)

Expiry of Limitation Periods

8

(8)

Impropriety and Illegality

16

(3)

Death

19

V REMEDIES

Remedies

Introduction

1

(5)

Restitutionary Awards

6

(26)

Declaratory Orders

32

(6)

Exonerative Relief

38

(253)

APPENDIX

Mercantile Law Amendment Act 1856, s 5

291

(1)

Partnership Act 1890, s 24

292

(1)

Marine Insurance Act 1906, ss 32 and 80

293

(1)

Carriage of Goods by Road Act 1965, ss 1 and 5, and Schedule, arts 34--40

294

(3)

Civil Liability (Contribution) Act 1978

297

(4)

Merchant Shipping Act 1995, ss 187--190

301

(2)

Civil Procedure Rules 1998, SI 1998/3132, Parts 20 and 51

303

(6)

Practice Direction: Counterclaims and other Part 20 Claims

309

(4)

Index

313

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The Law of Contribution and Reimbursement

9780198268802

0198268807

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