Law Reform
(Miscellaneous Provisions) (Jersey) Law 1960
A LAW to extend the period of
prescription of actions founded on tort, to amend the law relating to
proceedings against, and contributions between, tortfeasors, and to amend the law
relating to contributory negligence
Commencement
[see
endnotes]
1 Interpretation[1]
In this Law –
“action” means any proceedings in a court of law;
“dependants” means the persons for whose benefit actions
may be brought under the Fatal Accidents (Jersey)
Law 1962;
“tort”
means a “tort
personnel” or a “tort matériel”;
“tortfeasor” means a person who commits a tort.
2 Extension of period of prescription of actions founded on tort
(1) The period within which
actions founded on tort may be brought is extended to 3 years from the date on
which the cause of action accrued.
(2) The provisions of this Article
shall be without prejudice to any rule of law allowing for the extension of
such a period as aforesaid.
(3) Nothing in this Article
shall revive any right of action which was barred by prescription before the
commencement of this Law.
(4) This Article shall not
apply to any action for which a period of prescription is provided by any other
enactment.
3 Proceedings against, and contribution between, joint and several
tortfeasors
(1) Where damage is
suffered by any person as a result of a tort (whether a crime or
not) –
(a) judgment
recovered against any tortfeasor liable in respect of that damage shall not be
a bar to an action against any other person who would, if sued, have been
liable as a joint tortfeasor in respect of the same damage;
(b) if
more than one action is brought in respect of that damage by or on behalf of
the person by whom it was suffered, or for the benefit of the estate, or of the
dependants of that person, against tortfeasors liable in respect of the damage
(whether as joint tortfeasors or otherwise) the sums recoverable under the
judgments given in those actions by way of damages shall not in the aggregate
exceed the amount of the damages awarded by the judgment first given; and in
any of those actions, other than that in which judgment is first given, the
plaintiff shall not be entitled to costs unless the court is of opinion that
there was reasonable ground for bringing the action;
(c) any
tortfeasor liable in respect of that damage may recover contribution from any
other tortfeasor who is, or would if sued have been, liable in respect of the
same damage, whether the joint tortfeasor or otherwise, so however that no person
shall be entitled to recover contribution under this Article from any person
entitled to be indemnified by the person in respect of the liability in respect
of which the contribution is sought.[2]
(2) In any proceedings for
contribution under this Article the amount of the contribution recoverable from
any person shall be such as may be found by the court to be just and equitable
having regard to the extent of that person’s responsibility for the
damage; and the court shall have power to exempt any person from liability to
make contribution, or to direct that the contribution to be recovered from any person
shall amount to a complete indemnity.
(3) For the purposes of
this Article the reference in this Article to the “judgment first
given” shall, in a case where that judgment is reversed on appeal or
rehearing, be construed as a reference to the judgment first given which is not
so reversed and, in a case where a judgment is varied on appeal or rehearing,
be construed as a reference to that judgment as so varied.[3]
(4) Nothing in this Article
shall –
(a) apply
with respect to any tort committed before the commencement of this Law;
(b) affect
any criminal proceedings against any person in respect of any wrongful act; or
(c) render
enforceable any agreement for indemnity which would not have been enforceable
if this Article had not been passed.
4 Apportionment of liability in case of contributory negligence
(1) Where any person
suffers damage as the result partly of the person’s own fault and partly
of the fault of any other person or persons, a claim in respect of that damage
shall not be defeated by reason of the fault of the person suffering the
damage, but the damages recoverable in respect thereof shall be reduced to such
extent as the court thinks just and equitable having regard to the
claimant’s share in the responsibility for the damage:
Provided that –
(a) this paragraph
shall not operate to defeat any defence arising under a contract;
(b) where
any contract or enactment providing for the limitation of liability is
applicable to the claim, the amount of damages recoverable by the claimant by
virtue of this paragraph shall not exceed the maximum limit so applicable.
(2) Where damages are
recoverable by any person by virtue of paragraph (1) subject to such
reduction as is therein mentioned, the court shall find and record the total
damages which would have been recoverable if the claimant had not been at
fault.
(3) Article 3 of this Law
shall apply in any case where 2 or more persons are liable or would, if they
had all been sued, be liable by virtue of paragraph (1) in respect of the
damage suffered by any person.
(4) Where any person dies
as a result partly of the person’s own fault and partly of the fault of
any other person or persons, and accordingly if an action were brought for the
benefit of the estate under the Customary Law Amendment
(Jersey) Law 1948, the damages recoverable would be reduced under paragraph (1)
of this Article, any damages recoverable in an action brought for the benefit
of the dependants of that person under the Fatal Accidents (Jersey)
Law 1962 shall be reduced to a proportionate extent.[4]
(5) Where, in any case to
which paragraph (1) applies, one of the persons at fault avoids liability
to any other such person or the person’s personal representatives by
pleading prescription, the person shall not be entitled to recover any damages
or contributions from that other person or representative by virtue of the said
paragraph.
(6) Article 21 of the
Convention contained in the First Schedule to the Carriage by Air Act, 1932
of the United Kingdom (which was extended to Jersey by the Carriage by Air
(Jersey) Order 1935) shall have effect subject to the provisions of this Article.
(7) This Article shall not
apply to any claim to which section 1 of the Maritime Conventions Act 1911
of the United Kingdom applies.
(8) This Article shall not
apply to any case where the acts or omissions giving rise to the claim occurred
before the commencement of this Law.
(9) In this Article –
“court” means, in relation to any claim, the court or
arbitrator by or before whom the claim falls to be determined;
“damage” includes loss of life and personal injury;
“fault” means wrongful act (faute),
negligence (négligence), lack of skill
(impéritie), breach of statutory duty
or other act or omission which gives rise to liability in damages or would,
apart from this Article, give rise to the defence of contributory negligence.[5]
5 Citation
This Law may be cited as the Law Reform (Miscellaneous Provisions)
(Jersey) Law 1960.