Jersey Law 5/1960

 

LAW REFORM (MISCELLANEOUS PROVISIONS) (JERSEY) LAW, 1960.

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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, sanctioned by Order of Her Majesty in Council of the

 

11th day of MAY, 1960.

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(Registered on the 4th day of June, 1960).

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STATES OF JERSEY

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The 26th day of January, 1960.

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law:  -

ARTICLE 1

INTERPRETATION

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;1]2

“tort” means a “tort personnel” or a “tort matériel”;

“tortfeasor” means a person who commits a tort.

ARTICLE 2

EXTENSION OF PERIOD OF PRESCRIPTION OF ACTIONS FOUNDED ON TORT

(1)           The period within which actions founded on tort may be brought is hereby extended to three 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.

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ARTICLE 4

AMENDMENT AS TO PROCEEDING ON CAUSES OF ACTION SURVIVING AGAINST ESTATES OF DECEASED PERSONS

(1)           For sub-paragraph (b) of paragraph (3) of Article 1 of the Customary Law Amendment (Jersey) Law, 1948,4 there shall be substituted the following sub-paragraph –

“(b)     proceedings are taken in respect of that cause of action not later than six months after his personal representative took out representation.”

(2)           The amendment effected by this Article shall, in the case of a person dying after the commencement of this Law, apply as well in relation to causes of action arising before, as in relation to causes of action arising after, the commencement thereof.

(3)           Save as aforesaid, nothing in this Article shall affect any action if the cause of action arose before the commencement of this Law.

ARTICLE 5

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]5 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 him in respect of the liability in respect of which the contribution is sought.

(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 –

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(b)    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 judgement as so varied.

(4)           Nothing in this Article shall –

(a)    apply with respect to any tort committed before the commencement of this Law; or

(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.

ARTICLE 6

APPORTIONMENT OF LIABILITY IN CASE OF CONTRIBUTORY NEGLIGENCE

(1)           Where any person suffers damage as the result partly of his 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) of this Article 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 5 of this Law shall apply in any case where two or more persons are liable or would, if they had all been sued, be liable by virtue of paragraph (1) of this Article in respect of the damage suffered by any person.

(4)           Where any person dies as a result partly of his 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, 1948,7 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, 19628]9 shall be reduced to a proportionate extent.

(5)           Where, in any case to which paragraph (1) of this Article applies, one of the persons at fault avoids liability to any other such person or his personal representatives by pleading prescription, he 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 (22 and 23 Geo. 5, c. 36) (which was extended to the Island by the Carriage by Air (Jersey) Order, 1935)10 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 (1 and 2 Geo, 5, c. 57) 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;

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“fault” means wrongful act (“faute”), negiligence (“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.

ARTICLE 7

SHORT TITLE

This Law may be cited as the Law Reform (Miscellaneous Provisions) (Jersey) Law, 1960.

To be printed, published and posted.

 

F. DE L. BOIS,

 

Greffier of the States.