HC Deb 26 July 1963 vol 681 cc2024-5

Lords Amendment: In page 4, line 40, after "shall" insert: (subject to subsection (3) of this section)".

Mr. Buck

I beg to move, That this House doth agree with the Lords in the said Amendment.

This is a paving Amendment to Amendments which come hereafter.

Question put and agreed to.

Lords Amendment: In page 5, line 1, leave out from "if" to end of line 5 and insert: the tortfeasor is held liable in respect of that damage by a judgment given in any civil proceedings, or an award made on any arbitration, the revelant date shall be the date on which the judgment is given, or the date of the award, as the case may be; (b) if, in any case not falling within the preceding paragraph, the tortfeasor".

Mr. Buck

I beg to move, That this House doth agree with the Lords in the said Amendment.

The Amendment provides that the benefit conferred by the Bill should extend not only to High Court and county court actions but also to arbitrations. I think that all hon. Members will agree that it is appropriate that the benefit conferred by the Bill should be extended to this wider range of proceedings.

Question put and agreed to.

Subsequent Lords Amendment agreed to.

Lords Amendment: In page 5, line 14, at end insert: (3) Sections 22(1) and 26 of the Limitation Act 1939 (which make provision for cases of disability, fraud and mistake) shall each have effect as if any reference therein to that Act included a reference to subsection (1) of this section, and section 2(1) of the Limitation (Enemies and War Prisoners) Act 1945 shall be amended by adding at the end of the definition of 'statute of limitation' the words 'subsection (1) of section four of the Limitation Act 1963': Provided that the said section 22(1) shall not apply to any action by virtue of this subsection unless the plaintiff proves that the person under the disability was not, at the time when the right to recover contribution accrued to him, in the custody of a parent, and, where it so applies, shall have effect as if for the words 'six years' there were substituted the words 'two years'.

Mr. Buck

I beg to move, That this House doth agree with the Lords in the said Amendment.

Clause 4 takes the opportunity to tidy up the question of contribution between joint tortfeasors and lays down clearly that there shall be a period of two years from the date of judgment in the normal case or from the date of the settlement of the action. The Amendment provides that this benefit shall come on top of an exemption which may have been conferred by the Limitation (Enemies and War Prisoners) Act and other Acts set out in the Amendment. The Amendment extends the provisions of the Bill relative to joint tortfeasors in a way which, I think, will be useful to the law generally.

Question put and agreed to.

Subsequent Lords Amendment agreed to.