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Limitation of action – Indemnity. The issue for determination was whether s 1(4) of the Civil Liability (Contribution) Act 1978 precluded the CPR Pt 20 defendant (Delta) from arguing that the main claim had been time-barred. The Chancery Division held that a 'collateral defence' was based on factual assertions which were not to be assumed against the defendant in accordance with s 1(4) of the Act and was properly described as one where the burden of establishing the facts determining that issue would be on the defendant in the main action. On that basis, s 1(4) of the Act precluded Delta from arguing that the main claim had been time-barred.
Limitation of action – Indemnity. The issue for determination was whether s 1(4) of the Civil Liability (Contribution) Act 1978 precluded the CPR Pt 20 defendant (Delta) from arguing that the main claim had been time-barred. The Chancery Division held that a 'collateral defence' was based on factual assertions which were not to be assumed against the defendant in accordance with s 1(4) of the Act and was properly described as one where the burden of establishing the facts determining that issue would be on the defendant in the main action. On that basis, s 1(4) of the Act precluded Delta from arguing that the main claim had been time-barred.
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