The Civil Liability (Contribution) Act 1978 (c. 47) is an act of the Parliament of the United Kingdom.

The act repealed the relevant common law and made new provision for contribution between persons who are jointly or severally, or both jointly and severally, liable for the same damage and in certain other similar cases where two or more persons have paid or may be required to pay compensation for the same damage; and to amend the law relating to proceedings against persons jointly liable for the same debt or jointly or severally, or both jointly and severally, liable for the same damage.

The core principle of the act is set out in section 1(1):

Subject to the following provisions ... any person liable in respect of any damage suffered by another person may recover contribution from any other person liable in respect of the same damage (whether jointly with him or otherwise).

Background

Before the 1930s, a common law rule existed forbidding claims of contribution between joint tortfeasors, albeit with some exceptions to the general rule. In 1934, the Law Revision Committee argued for altering the common law rule to allow for claims of contribution between tortfeasors. Parliament enacted the Law Reform (Married Women and Tortfeasors) Act 1935 (and amended Northern Irish law to the same extent through the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937) in response to these recommendations.

In the 1957 case of McConnell v Lynch-Robinson, an owner of a house sued an architect over defects. The architect sought to have the building contractor added as a party over his contribution to the damage. The Northern Irish Court of Appeal refused to allow this application as he was not a tortfeasor under the 1937 law. The Law Commission considered this unsatisfactory and recommended that both the English and Northern Irish laws extend the rules on contribution to cover cases where damage is caused in non-tort contexts (including breaches of contract, trust or other duties).

Application The act applies to England, Wales and Northern Ireland.Section 8.

Interpretation Barrister Daniel Atkinson describes the act as "complicated" and noted for "difficulties of analysis".Atkinson, D., Breach of Contract, Atkinson Law, published in 1999, archived on 25 April 2010, accessed on 11 February 2026

In Mouchel Ltd v Van Oord (UK) Ltd (No 2) it was held that "contribution" is not limited to a contribution in respect of damages. In Birse Construction Ltd v Haiste Ltd., 1 WLR 675 Roch LJ pointed out that the word in section 1(1) of the Act "is 'damage', not 'damages', and the two things are quite different. Damages are the financial compensation for the damage, whatever it is that is sustained".Quoted in

In Rahman v Arearose Ltd it was held that the "same damage" meant the kind of indivisible injury as arises under common law in a case of concurrent torts. This was affirmed by the High Court in Nationwide Building Society v Dunlop Haywards (DHL) Ltd.

In Soldiers, Sailors, Airmen and Families Association v Allgemeines Krankenhaus Viersen GmbH, the Supreme Court held that the Act did not have extra-territorial effect.

The Court of Appeal considered issues raised by the legislation in City Index v Gawler, finding that "knowing receipt" of fraudulently obtained money could fall within the scope of the s1(1) definition.

Provisions Repealed enactments Section 9(2) of the act repealed 13 enactments, listed in schedule 2 to the act. +Enactments repealed by section 9(2)CitationShort titleExtent of repeal 25 & 26 Geo. 5. c. 30 Law Reform (Married Women and Tortfeasors) Act 1935 Section 6. 1 Edw. 8 & 1 Geo. 6. c. 9 (N.I.) Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937 Section 16. 8 & 9 Geo. 6. c. 28 Law Reform (Contributory Negligence) Act 1945 Section 1(3). In section 1(5) the words "or contributions". 10 & 11 Geo. 6. c. 44 Crown Proceedings Act 1947 Section 4(2) (including that section as it applies in Northern Ireland). 1948 c. 23 (N.I.) Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 Section 2(3). In section 2(5) the words "or contributions". 1958 c. 10 (N.I.) Statute of Limitations (Northern Ireland) 1958 Section 74(5). 7 & 8 Eliz. 2. c. 65 Fatal Accidents Act 1959 Section 1(4). 1959 c. 18 (N.I.) Fatal Accidents Act (Northern Ireland) 1959 Sections 1(4) and 3(1). 9 & 10 Eliz. 2. c. 27 Carriage by Air Act 1961 Section 4(1)(a). 10 & 11 Eliz. 2. c. 43 Carriage by Air (Supplementary Provisions) Act 1962 In section 3(1), the words from "paragraph" to "and in". 1964 c. 1 (N.I.) Limitation Act (Northern Ireland) 1964 Section 4. 1972 c. 33 Carriage by Railway Act 1972 Section 6(6)(a). SI 1977/1251 (N.I. 18) Fatal Accidents (Northern Ireland) Order 1977 In Schedule 1, paragraph 1(2).

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