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LLR: Professional Negligence

DUBAI ALUMINIUM CO LTD v SALAAM AND ORS AND LIVINGSTONE AND OTHERS (THIRD PARTIES)

[2000] Lloyd's Rep PN 497

COURT OF APPEAL

Before Lord Justice Evans, Lord Justice Aldous and Mr Justice Turner

Solicitors - Knowing receipt - Knowing assistance (dishonest assistance) - Contribution proceedings - Bona fide settlement of claim - Whether party making payment in settlement was liable to claimant - Whether knowing assistance (dishonest assistance) was a “wrongful act or omission” pursuant to section 10 of the Partnership Act 1890 - Whether conduct of solicitor within the “ordinary course of business” of his firm pursuant to section 10 of the Partnership Act 1890 - Whether claim for contribution made by a defendant vicariously liable for another’s wrongdoing but personally innocent to be determined on basis that defendant free of responsibility for claim - Sections 1(1), 1(4), 2(1) and 2(2) of the Civil Liability (Contribution Act) 1978 - Sections 9, 10, 11, 12 and 13 of the Partnership Act 1890.

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