Day 312 - 11 Dec 96 - Page 07


     
     1   MR. JUSTICE BELL: But then, if that were so, it is no different
     2        to any other tort where you can imagine damages being
     3        caused to a particular Plaintiff by two Defendants as
     4        acting jointly, but then one or the other has done some
     5        additional acts which the other defendant is not also
     6        responsible for.
     7
     8   MR. RAMPTON:  That would be right.
     9
    10   MR. JUSTICE BELL:  Let us suppose for a moment that the damages
    11        for what they have done jointly was £5,000, the damages for
    12        what one of them has done in addition would be worth an
    13        extra thousand pounds.  Do you give damages for £6,000
    14        against that person and £5,000 against the other, five of
    15        the six being joint?
    16
    17   MR. RAMPTON:  You could put it that way, or you could say
    18        damages of £6,000 but shall be executed as to defendant A
    19        only in relation to £5,000.
    20
    21   MR. JUSTICE BELL:  I remember you saying that before.  The
    22        technical difficulty with that, seems to me, that the
    23        person who was not responsible for the extra thousand
    24        pounds does actually have a judgment for that thousand
    25        pounds against him.
    26
    27   MR. RAMPTON:  Yes.
    28
    29   MR. JUSTICE BELL:  The fact that it is not going to be executed,
    30        it is a wrong judgment in the first place, is it not?
    31
    32   MR. RAMPTON:  That is perfectly fair.  So far as that is
    33        concerned, I do not really have a clear view.  If
    34        your Lordship said, well, Mr. Morris is liable for X and
    35        Ms. Steel, for example, X minus so and so, that would deal
    36        with the problem.
    37
    38   MR. JUSTICE BELL:  If you have Defendants A and B and both A and
    39        B are responsible for damage X, and A is responsible for
    40        damage Y, and B is responsible for damage Z, you add X and
    41        Y together so far as A is concerned, and X and Z together
    42        so far as B is concerned and give judgment in those sums
    43        against A on the one hand and B on the other.
    44
    45   MR. RAMPTON:  That is fine so long as you make-----
    46
    47   MR. JUSTICE BELL:  And you explain ----
    48
    49   MR. RAMPTON:  What you are doing.
    50
    51   MR. JUSTICE BELL:  -- what you have done.
    52
    53   MR. RAMPTON:  You make it clear in doing that the X factor is
    54        the joint liability.
    55
    56   MR. JUSTICE BELL:  Yes.
    57
    58   MR. RAMPTON:  Yes, my Lord, I am quite happy with that.
    59
    60   MR. JUSTICE BELL: We will see.

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