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When is the deadline for contribution or indemnity between wrongdoers - discovery date?

The catalogue records a 2 years period from For the basic period, the day the claimant's liability is confirmed by court judgment, arbitration award or settlement agreement; for the ultimate period, the day the claimant is served with a claim or a notice commencing arbitration, or incurs a liability through a settlement agreement. This draft page remains free only until its source, worked example and limits are reviewed.

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In preparation

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Example pending review

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Calculation basis and source

Period
2 years
Trigger
For the basic period, the day the claimant's liability is confirmed by court judgment, arbitration award or settlement agreement; for the ultimate period, the day the claimant is served with a claim or a notice commencing arbitration, or incurs a liability through a settlement agreement
Counting
The encoded calculator method must be independently documented before publication.
Rollovers and holidays
Holiday, closure and order treatment must be independently documented before publication.

This route remains in preparation until a pinpoint official source is recorded.

  • As for the basic and ultimate periods generally.
  • TRAP: the basic period and the ultimate period run from DIFFERENT events for contribution and indemnity claims - the basic period from confirmation of liability, the ultimate period from service of the underlying claim. Clause 11(1)(f) applies whether the right to contribution and indemnity arises in tort or otherwise (s 11(2)).

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