At first instance, Lord Hodge held that because of the provision in clause 33(5) of the charterparty agreement, Asco could not be found liable and therefore Enviroco were not entitled to a contribution under the Act. On appeal however, the Inner House of the Court of Session fou...
1) The meaning and effect of section 3(2) of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1940 – which provides for contributions between jointly or severally liable defendants who might also have been held liable in respect of the loss or damage on which the action is founded; ...