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Contribution definition

What does Contribution mean? In legal practice, contribution is the right of a party who has paid more than their fair share of a common liability to recover from another person who is also responsible for the same loss, in whole or in part. In England and Wales, contribution between persons liable for the same damage is governed by the Civil Liability (Contribution) Act 1978. It applies whether liability arises in tort, contract or otherwise, and after judgment or settlement, with the court apportioning what is just and equitable having regard to relative responsibility. Contribution claims are commonly brought between co-defendants (including joint tortfeasors) by...

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Contribution under the Civil Liability (Contribution) Act 1978: scope, ‘same damage’, settlements, limitation, apportionment, costs-only exclusions, indemnities, jurisdiction and procedure (England and Wales)

Practice notes
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This Practice Note

This Practice Note reviews contribution claims under the civil liability (Contribution) Act 1978 (CL(C)A 1978), including, among other matters:

  • the circumstances and procedure for its application
  • who is entitled to pursue a claim under the CL(C)A 1978
  • the need for the ‘same damage’ to be established
  • the exclusion of costs-only claims from the scope of the CL(C)A 1978 regime
  • jurisdictional matters under the CL(C)A 1978
  • the court’s approach to apportioning damages in contribution proceedings
  • the consequences where the primary claim is compromised or decided by judgment of the court
  • the effect of liability exclusions and limitation clauses on a ‘contribution defendant’
  • how contribution claims interact with indemnity claims and rights
  • limitation for contribution claims
  • the method of commencing a contribution claim in the courts

It further examines CL(C)A 1978, ss 3–4, which address multiple actions against multiple defendants responsible for the same damage.

In this Practice Note, the following shorthand is used:

  • C—the claimant in the original (primary) action who has sustained the damage for which relief is sought
  • D1, D2, D3 etc—the defendants against any of whom C may advance the original (primary) claim...
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Web page updated on 26/05/2026

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