(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
In this Law –
“action” means any
proceedings in a court of law;
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
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.
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.
3 Proceedings against, and contribution between, joint and several
damage is suffered by any person as a result of a tort (whether a crime or
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;
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;
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.
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.
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.
in this Article shall –
with respect to any tort committed before the commencement of this Law;
any criminal proceedings against any person in respect of any wrongful act; or
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
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 –
paragraph shall not operate to defeat any defence arising under a contract;
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) 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
(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.
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
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.
Article shall not apply to any claim to which section 1 of the Maritime Conventions Act 1911 of the United
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),
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.
This Law may be cited as the Law Reform (Miscellaneous Provisions)
(Jersey) Law 1960.