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ARTICLE · 01 MARCH 2019

Concurrent Wrongdoers And The Civil Liability Act – Defender v HSBC

Dillon Eustace
Dillon Eustace
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A recent High Court judgement delivered by Mr Justice Michael Twomey analysed the link between blameworthiness and causation in ascertaining the impact of the Civil Liability Act 1961 (the "CLA")

IrelandLitigation, Mediation & Arbitration
Keith Robinson
Keith Robinson
David O’Shea
David O’Shea
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Summary

A recent High Court judgement delivered by Mr Justice Michael Twomey analysed the link between blameworthiness and causation in ascertaining the impact of the Civil Liability Act 1961 (the "CLA") on concurrent wrongdoers where a settlement has been made with one wrongdoer.

The case highlights the dangers that may arise where a settlement agreement is entered into with one of a number of parties that contributed to the same loss. The High Court, having reviewed a number of decisions from other jurisdictions, found, based on the facts of this case, where there are civil and criminal wrongdoers in respect of the same loss it will not be just and equitable for the primary criminal wrongdoer to be entitled to a contribution from the secondary civil wrongdoer. In this case the civil wrongdoer was entitled to a full indemnity from the criminal wrongdoer.

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