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Jubilee Motor Policies Syndicate 1231 v Volvo Truck & Bus (Southern) Ltd




[2010] EWHC 3641

2010-07-01

The definition of "same damage" in the Civil Liability (Contribution) Act 1978 s.1(1) had to be construed narrowly: in order for a claimant to successfully obtain a contribution against a defendant, the genesis of either's liability to damages had to be the same. Damages paid by an insurer to an individual for personal injuries suffered at the hands of the insured party did not have the same genesis: one was causatively liable because he caused the injury, the other paid because he was liable to do so under an insurance policy.