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Provisions as to damages and costs where two or more tortfeasors are sued separately.
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3.—Where—
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(a) injury is suffered by a person (in this section referred to as the injured person) as the result of a tort, and
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(b) separate actions for damages in respect of such injury are brought by the injured person against two or more persons, and
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(c) judgment for damages is obtained by the injured person in two or more of such actions (in this section referred to as the successful actions),
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then, whether the tortfeasors are or are not joint tortfeasors, the following provisions shall have effect—
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(i) in determining whether an action, in which there has been an appeal (including an appeal by way of motion for a new trial) or two or more trials, is or is not a successful action within the meaning of this section, the final result of the action shall alone be considered;
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(ii) the injured person shall not be entitled to recover, in respect of the damages awarded to him in the successful actions, a sum exceeding the amount of the damages awarded in that one of the successful actions (in this section referred to as the first successful action) in which judgment (whether for the plaintiff or the defendant) is first given in a court of first instance;
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(iii) subject to paragraph (iv) of this section, the injured person shall not be entitled to costs in any of the successful actions other than the first successful action;
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(iv) the Court may award to the injured person costs in a successful action (other than the first successful action) where the Court is of opinion that there was reasonable ground for bringing such successful action as a separate action.
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