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08 February 2013
Issue: 7547 / Categories: Case law , Law digest , In Court
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Employment

Sivanandan and others v Hackney London Borough [2013] EWCA Civ 22, [2013] All ER (D) 234 (Jan)

The Civil Liability (Contribution) Act 1978 (CLIA 1978) was concerned, as the title indicated, with the notion of one tortfeasor recovering contribution from another tortfeasor, or from other tortfeasors, liable in respect of the same damage, whether jointly with him or otherwise. CLIA 1978 did not deal with the allocation, as between different tortfeasors, of different degrees of responsibility to the claimant for the damage suffered. As the Employment Appeal Tribunal pointed out, it was not settled at present whether the employment tribunal had jurisdiction over contribution claims, or whether there would have to be separate contribution proceedings in the county court.

The decision in Way [2005] ICR 1362 had been cited as recognising the existence of a discretion exercisable by the ET either (a) to apportion liability for the total sum awarded to a claimant as between the different respondents to a claim, or (b) to make a joint and several award under which each respondent would be liable

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

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A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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