Several concurrent wrongdoers and the civil liability (contribution) Act 1978

It is still not settled when several concurrent wrongdoers are liable for “the same damage” for the purpose of the Civil Liability (Contribution) Act 1978, s 1(1). The Court of Appeal has held that s 1(1) applies whenever payment by one wrongdoer relieves all wrongdoers from liability towards the creditor. In Royal Brompton Hospital NHS Trust v Hammond, the House of Lords appears to have rejected that approach, without laying down an alternative test. This article examines the possible approaches where, as between the wrongdoers, one of them is ultimately supposed to bear the whole of the common liability.