This Act may be cited as the Contributory Negligence Act 1947.

In this Act, unless the context otherwise requires,—

(1) Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage:

provided that—

• (a) this subsection shall not operate to defeat any defence arising under a contract:

• (b) where any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of damages recoverable by the claimant by virtue of this subsection shall not exceed the maximum limit so applicable.

(2) Where damages are recoverable by any person by virtue of the last preceding subsection subject to such reduction as is therein mentioned, the court shall find and record the total damages which would have been recoverable if the claimant had not been at fault.

(3) Section 17 of the Law Reform Act 1936 (which relates to proceedings against, and contribution between, joint and several tortfeasors), shall apply in any case where 2 or more persons are liable or would, if they had all been sued, be liable by virtue of subsection (1) in respect of the damage suffered by any person.

(4) Where any person dies as the result partly of his own fault and partly of the fault of any other person or persons, and accordingly if an action were brought for the benefit of the estate under Part 1 of the Law Reform Act 1936, the damages recoverable would be reduced under subsection (1), any damages recoverable in an action brought for the benefit of the dependants of that person under the Deaths by Accidents Compensation Act 1952, shall be reduced to a proportionate extent.

(5) Where, in any case to which subsection (1) applies, one of the persons at fault avoids liability to any other such person or his personal representative by pleading any enactment limiting the time within which proceedings may be taken, he shall not be entitled to recover any damages or contributions from that other person or representative by virtue of that subsection.

(6) Where any case to which subsection (1) applies is tried with a jury, the jury shall determine the total damages which would have been recoverable if the claimant had not been at fault and the extent to which those damages are to be reduced.

(7) [Repealed]

(1) Where, within the time limited for the taking of proceedings under the Workers' Compensation Act 1922, an action is brought to recover damages independently of that Act in respect of an injury or disease giving rise to a claim for compensation under that Act, and it is determined in that action that—

• (a) damages are recoverable independently of that Act subject to such reduction as is mentioned in subsection (1) of section 3; and

• (b) the employer would have been liable to pay compensation under the Workers' Compensation Act 1922,—

section 52 of the Workers' Compensation Act 1922 (which enables the court, on the dismissal of an action to recover damages independently of that Act, to assess and award compensation under that Act) shall apply in all respects as if the action had been dismissed, and, if the claimant chooses to have compensation assessed and awarded in accordance with the said section 52, no damages shall be recoverable in the action.

(2) The last preceding subsection shall apply, with the necessary adaptations, in any case where compensation is recoverable under a scheme certified under section 64 of the Workers' Compensation Act 1922 if the scheme applies section 52 of that Act, or contains any provision similar to that section.

(3) Where a worker or his personal representative or dependant has recovered compensation under the Workers' Compensation Act 1922, or under any scheme certified under section 64 of that Act, in respect of an injury caused under circumstances which would give a right to recover reduced damages in respect thereof by virtue of section 3 of this Act from some person other than the employer (hereinafter referred to as the third party), any right conferred by section 50 of the Workers' Compensation Act 1922 on the person by whom the compensation was paid, to be indemnified by the third party shall be limited to a right to be indemnified in respect of such part only of the sum paid or payable by the said person as bears to the total sum so paid or payable the same proportion as the said reduced damages bear to the total damages which would have been recoverable if the worker had not been at fault.

(1) This Act shall not apply to any claim to which section 94 of the Maritime Transport Act 1994 applies, and that Act shall have effect in relation to every such claim as if this Act had not been passed.

(2) This Act shall not apply to any case where the acts or omissions giving rise to the claim occurred before the passing of this Act.

This Act shall not apply to any proceedings under section 147 of the Coal Mines Act 1925 or section 295 of the Mining Act 1926.

This Act shall bind the Crown.