Proportionate liability in construction claims

摘要

The policy behind the proportionate liability regime which has recently come into force in this country has been the subject of extensive debate. In this article, his Honour addresses two aspects of the legislative regime which will be of practical importance in construction cases. These arise at each end of the litigation process - the formulation of claims and the making of final orders. They are in truth two aspects of the same feature of the regime - that different procedural and other consequences flow from the form which the proceeding takes.