Page 1
The Local Legal Experts
Dispute Resolution Update - May 2010
Recovering Losses from Third Parties
What is reasonable?
You are a defendant and you settle a claim with the claimant but a third party is also
responsible.
It is a principle of dispute...
More
Page 1
The Local Legal Experts
Dispute Resolution Update - May 2010
Recovering Losses from Third Parties
What is reasonable?
You are a defendant and you settle a claim with the claimant but a third party is also
responsible.
It is a principle of dispute resolution that you can recover your losses from
third parties by joining the second defendant under Part 20 of the Civil Procedure
Rules.
Third parties can challenge a settlement that has been made on the ground that it was
unreasonable but what does this mean? The issue has been explored in the recent case
of Supershield Limited v Siemens Building Technologies FE Limited.
The facts of the case
are as follows:
A contractor was brought in to construct some offices by a developer.
Some of the
work was sub-contracted out and subsequently sub-contracted again twice so that a
chain existed in various parts of the work that needed to be completed.
The case
revolved around the second and third sub-contractors, Siemens and Supershield
res
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