107FProportionate liability for apportionable claims

107F Proportionate liability for apportionable claims (1) In a proceeding involving an apportionable claim— (a) the liability of a defendant who is a concurrent wrongdoer for the claim is limited to an amount reflecting the proportion of the loss or damage claimed that the court considers just, having regard to the extent of the defendant’s responsibility for the loss or damage; and (b) the court must not give judgment against the defendant for more than that amount. (2) In apportioning responsibility between defendants in the proceeding— (a) the court must exclude the proportion of the loss or damage in relation to which the claimant is contributorily negligent under any relevant law; and (b) the court may consider the comparative responsibility of any concurrent wrongdoer who is not a party to the proceeding. (3) If the proceeding involves an apportionable claim and a claim that is not an apportionable claim— (a) liability for the apportionable claim must be decided in accordance with this chapter; and (b) liability for the other claim must be decided in accordance with the legal rules (if any) that, apart from this chapter, are relevant. (4) This chapter applies in a proceeding involving an apportionable claim whether or not all concurrent wrongdoers are parties to the proceeding.