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Vol 21 No 10 Oct/Nov 2016

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Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

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The Law of Contribution and Reimbursement


ISBN13: 9780198268802
ISBN: 0198268807
Published: June 2003
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £147.50



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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. These situations give rise to questions of how the parties' common liability should be shared and how their relationships with the third party, and with one another, should be adjusted so as to ensure that they each pay their proper share.

This book is based on the rules of English law which determine the answers to these questions. Contribution and reimbursement claims often arise in the course of complex multi-party litigation and the rules which govern their determination are scattered through the law reports and statute books. This book provides a clear guide through this maze of legislation and case law, and gives a detailed account of all the substantive and procedural rules in the area.

It is an essential source of information for legal practitioners and academics seeking practical advice on this notoriously complex subject.

Subjects:
Restitution
Contents:
PART I: INTRODUCTION
1. Introduction
2. Analogous Claims
3. Contribution, reimbursement, and unjust enrichment
4. Mapping the law

PART II: PRACTICAL ISSUES
5. Practice and procedure

PART III: THE COMPONENTS OF A CLAIM
6. The claimant and the defendant are both legally liable to the creditor
7. The creditor may not accumulate recoveries from the claimant and the defendant
8. The creditor can recover in full from the claimant or the defendant
9. The defendant's liability is discharged by the claimant's payment to the creditor
10. Apportionment between the claimant and the defendant

PART IV: DEFENCES
11. Defences going to the claimant's liability to the creditor
12. Defences going to the defendant's liability to the creditor
13. Defences going to the defendant's liability to the claimant

PART V: REMEDIES
14. Remedies

APPENDIX
Mercantile Law Amendment Act 1865, s 5
Partnership Act 1890, s 24
Marine Insurance Act 1906, ss 32 and 80
Carriage of Goods by Road Act 1965, ss 1 and 5, and Schedule, arts 34-40
Civil Liability (Contribution) Act 1978
Merchant Shipping Act 1995, ss 187-190
Civil Procedure Rules 1998 (SI 1998/3132), Parts 20 and 51
Practice Direction: Counterclaims and other Part 20 Claims