East Cork Foods v O'Dwyer Steel

• Jurisdiction: Ireland
• Judgment Date: 01 January 1978
• Date: 01 January 1978
• Docket Number: [1971 No. 243 P.]
• Court: Supreme Court

(S.C.)

East Cork Foods

and

O'Dwyer Steel

Recovery - Money paid pursuant to legal obligation - Obligation cancelled by appeal court - Nature of payer's remedy - Whether payer entitled to interest on amount paid - Debtor's (Ireland) Act, 1840 (3 4 Vict., c. 105), s. 53 - Civil Liability Act, 1961 (No. 41), ss. 21, 23, 24.

The claimant and the respondent had been sued as co-defendants in an action brought in the High Court by a plaintiff who was injured in an accident which occurred when he was an employee of the respondent. The plaintiff claimed damages for negligence. The claimant and respondent delivered defences to the plaintiff's claim, and each of them served a notice claiming from the other pursuant to s. 21 of the Civil Liability Act, 1961, a contribution towards or an indemnity against its...