||All England Reporter
|| All ER (D) 145 (Oct)
|| EWHC 2508 (Ch)
Sir Andrew Morritt C
||George Leggatt QC and Alan Maclean (instructed by Macfarlanes) for the defendant/Pt 20 claimant.
||Michael Brindle QC and Daniel Stilitz (instructed by Ashurst) for the 1st to 12th Pt 20 defendants.
||Simon Salzedo (instructed by Barlow Lyde &Gilbert) for the 13th Pt 20 defendant.
||12 October 2006
Contribution - Third party proceedings - Claim 'in respect of the same damage' - Claim for knowing receipt - Whether claim in knowing receipt one 'to recover compensation in respect of damage' - Whether Pt 20 claim authorised by Act - Whether Pt 20 claim having real prospect of success - (Contribution) Act 1978, ss 1(1), 6(1).
The Pt 20 claim of City Index Ltd satisfied the provisions of ss1 and 6 of the because (a) the decision of the Court of Appeal in respect of knowing receipt in Friends' Provident Life Office v Hillier, Parker, May & Rowden was binding on the court and (b) a claim for knowing receipt was a claim for compensation for damage sustained in consequence of a breach of trust notwithstanding that it might also be described as restitutionary. In the circumstances the Pt 20 proceedings had no real prospect of success and were summarily dismissed.
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