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Civil Law (Wrongs) Act 2002
56Multiple respondents
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56 Multiple respondents
(1) If there are 2 or more respondents to a claim, other than a motor
accident claim, 1 of the respondents (the respondents’ claim
manager) may act for 1 or more of the other respondents under this
chapter with the agreement of the other respondents.
(2) If there are 2 or more respondents to a motor accident claim, 1 of the
respondents (the respondents’ claim manager) must act for all of the
respondents under this chapter.
(3) For subsection (2)—
(a) the respondents’ claim manager must be decided—
(i) by agreement between the respondents; or
(ii) if the respondents cannot agree within 2 months after the
day the claimant first gave, or is taken to have given, a
respondent for the motor accident claim a complying
notice of claim—under the insurance industry deed; and
(b) until the respondents’ claim manager is decided under paragraph
(a), the respondent to which the notice of claim is first given
under section 51 is the respondents’ claim manager.
(4) The respondents’ claim manager—
(a) may exercise the functions given under this chapter in relation
to the claim and the claimant for all respondents for whom the
respondents’ claim manager acts; and
(b) must act as far as practicable with the agreement of the other
respondents for whom the manager acts.
(5) Action taken, or an agreement made, by the respondents’ claim
manager in relation to the claim is binding on each respondent for
whom the respondents’ claim manager acts so far as it affects the
claimant.
(6) However, if the respondents’ claim manager acts beyond the scope of
the manager’s authority under the agreement under subsection (1)
or (3) (a) (i), the manager is liable to each other respondent who is a
party to the agreement for any loss suffered by the other respondent.