Duty of defendant to inform plaintiff about concurrent wrongdoers
35A Duty of defendant to inform plaintiff about concurrent wrongdoers
If—
a defendant in proceedings involving an apportionable claim has reasonable grounds to believe that a particular person (the other person) may be a concurrent wrongdoer in relation to the claim, and
the defendant fails to give the plaintiff, as soon as practicable, written notice of the information that the defendant has about—
the identity of the other person, and
the circumstances that may make the other person a concurrent wrongdoer in relation to the claim, and
the plaintiff unnecessarily incurs costs in the proceedings because the plaintiff was not aware that the other person may be a concurrent wrongdoer in relation to the claim,
the court hearing the proceedings may order that the defendant pay all or any of those costs of the plaintiff.
The court may order that the costs to be paid by the defendant be assessed on an indemnity basis or otherwise.
This Act’s bill:Explanatory memorandumSecond reading speech
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