Jersey Law 5/1960
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, sanctioned by Order of Her
Majesty in Council of the
11th day of MAY, 1960.
(Registered on the 4th day of June, 1960).
STATES OF JERSEY
The 26th day of
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
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
“tortfeasor” means a person who commits a tort.
EXTENSION OF PERIOD OF PRESCRIPTION OF ACTIONS FOUNDED ON TORT
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.
provisions of this Article shall be without prejudice to any rule of law
allowing for the extension of such a period as aforesaid.
in this Article shall revive any right of action which was barred by
prescription before the commencement of this Law.
Article shall not apply to any action for which a period of prescription is
provided by any other enactment.
* * * * * * *
AMENDMENT AS TO PROCEEDING ON CAUSES OF ACTION SURVIVING AGAINST
ESTATES OF DECEASED PERSONS
sub-paragraph (b) of paragraph (3) of
Article 1 of the Customary Law Amendment (Jersey) Law, 1948, there shall be substituted the following
“(b) proceedings are
taken in respect of that cause of action not later than six months after his
personal representative took out representation.”
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
as aforesaid, nothing in this Article shall affect any action if the cause of
action arose before the commencement of this Law.
PROCEEDINGS AGAINST, AND CONTRIBUTION BETWEEN, JOINT AND SEVERAL
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 him in respect of the liability in respect of which the
contribution is sought.
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
the purposes of this Article –
* * * * * * *
(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
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.
APPORTIONMENT OF LIABILITY IN CASE OF CONTRIBUTORY NEGLIGENCE
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.
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.
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.
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, 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.
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.
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) shall
have effect subject to the provisions of this Article.
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.
Article shall not apply to any case where the acts or omissions giving rise to
the claim occurred before the commencement of this Law.
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”),
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.
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.