Joint and several liability Definition

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What does Joint and several liability mean?

Joint and several liability arises where two or more persons under the same contract make a promise to the same person, and at the same time each of them individually makes the same promise to that same person.

View the related checklists about Joint and several liability

Landlord consent to assignation—Scotland—checklist

Landlord consent to assignation—Scotland—checklist This Checklist sets out the issues that should be considered by a tenant (assignor) of a commercial lease in Scotland. It sets out when landlord consent to assignation is required, whether the landlord is obliged to act reasonably in granting such consent, the form of the consent and assignation and issues that both parties and the assignee should consider in relation to the landlord letter of consent to assignation and the assignation itself. Assignation transfers to the assignee the tenant's (assignor’s) interest in the lease from an agreed date until the termination of the lease. It entitles the assignee to possess the premises on the same terms as the assignor, see: Nature of assignation: Stair's Laws of Scotland (Stair Memorial Encyclopaedia) [290]. A style letter of consent to assignation and a style assignation can be found at the Property Standardisation Group (PSG): PSG Leases—Management Documentation. Must the assignation be in writing? From 1 August 1995, a written document subscribed to by the assignor is required for...

Charges to income tax—tables

Charges to income tax—tables These tables set out: • the charges to income tax in each of the seven categories of income tax • the person who is liable to pay that charge, and • the legislative provisions that are relevant to that charge Employment income Name of charge Person liable Legislative provisions General earnings Person to whose employment the earnings relate ITEPA 2003, ss 6, 7, 13, Pt 3 Specific employment income Person in relation to whom the income counts as employment income ITEPA 2003, ss 6, 7, 13 Pts 6, 7, 7A Pension income Name of charge Person liable Legislative provisions UK pensions Person receiving or entitled to the pension ITEPA 2003, ss 569–572A Foreign pensions Person receiving or entitled to the pension ITEPA 2003, ss 573–576A UK social security pensions Person receiving or entitled to the pension, benefit or allowance ITEPA 2003, ss 577–579 Pensions under registered pension schemes Person receiving or entitled to the pension under the registered pension scheme ITEPA 2003, ss 579A–579D...

Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction and is dependent on the intention of the parties as evidenced in the contract. For example, in Rhinegold Publishing v Apex Business Development, statutory demands were served on Rhinegold Ltd, and a related company, Tannhauser Ltd, in the sums of approximately £22,000 and £31,000 respectively. A settlement agreement was subsequently entered into under which the parties agreed to pay the amounts due, but Tannhauser failed to fully do so. Although the settlement agreement was silent on the question of liability, the High Court held that on a proper construction of the agreement, the parties were jointly and severally liable. Rhinegold was therefore required to pay the outstanding sums owed by Tannhauser.Joint liabilityJoint liability arises where two or more persons jointly promise...

Conducting clinical research—data protection implications

Conducting clinical research—data protection implications Data, and consequently data protection compliance, is central to conducting clinical research whether in the context of clinical trials, pharmacovigilance activities and/or scientific research more broadly. This Practice Note explores the data protection implications of conducting clinical research. In particular, this Practice Note considers the responsibility for data protection compliance in the context of clinical research, the relevant legal grounds for processing personal data for research purposes, transparency requirements, collaborative research and data sharing as well as exceptions to data subject rights when processing personal data in the context of research. Finally, this Practice Note provides a checklist of practical data protection considerations to bear in mind when planning research activities. The GDPR regimes On 25 May 2018, the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) became directly applicable and enforceable in all EU Member States and the EEA (the EU plus Iceland, Norway, and Liechtenstein), including the UK at that time, repealing its predecessor, Directive 95/46/EC (the Data Protection Directive). ...

Discover our 166 Practice Notes on Joint and several liability

Contract for sale (residential)—freehold (for use with the Law Society Conveyancing Protocol)

Contract for sale (residential)—freehold (for use with the Law Society Conveyancing Protocol) Date [date] Parties 1 [name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] ([together] Seller) 2 [name of (first) Buyer] [and [name of second Buyer] both] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] ([together] Buyer) 1 Definitions In this Agreement, the following definitions apply: Actual Completion • the date of the Transfer of the Property and references in the Standard Conditions to 'actual completion' must be read accordingly; [Buyer’s Solicitors • [name] of [address] (reference [details]);] [Charges • the charge[s] appearing at [entry number] [and [entry number]] in the charges register of title number [title number] at [date of official copy entries];] Completion Date • [date]; [Completion Date • [date];] [Contents • the items listed in the...

Contract for sale of a portfolio of properties

Contract for sale of a portfolio of properties date [date] Parties 1 [name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Seller) 2 [name of Buyer] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Buyer) 3 [[name of Guarantor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] Guarantor)] 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the Transfer is actually completed, and references in the Standard Conditions to 'actual completion' must be read accordingly; [Arrears • the amounts (including VAT for which the Seller must account to HMRC) due to the...

Dive into our 34 Precedents related to Joint and several liability

A company is considering entering into a joint contract of employment with another company, so that the employees are jointly employed by both companies as joint employers. At present, the employees are employed by only one of those companies. Will this give rise to a TUPE transfer, or is this simply a change to the employees’ terms and conditions? Should one of the companies decide that it no longer wishes to be a joint employer in the future and the employees move back to being solely employed by one of the companies, will this give risk to a TUPE transfer, or is this simply a further change to the employees’ terms and conditions?

A company is considering entering into a joint contract of employment with another company, so that the employees are jointly employed by both companies as joint employers. At present, the employees are employed by only one of those companies. Will this give rise to a TUPE transfer, or is this simply a change to the employees’ terms and conditions? Should one of the companies decide that it no longer wishes to be a joint employer in the future and the employees move back to being solely employed by one of the companies, will this give risk to a TUPE transfer, or is this simply a further change to the employees’ terms and conditions? It is sometimes the case that an employee can have more than one employer, and their contract of employment makes clear that this is the case. Joint employment should be distinguished from arrangements such as secondments, where the sole employer lends their employee’s services to a third party, or from sole employment where the terms of...

Could a developer apply for a building liability order against a company ‘associated’ with its contractor, if the contractor is insolvent?

Could a developer apply for a building liability order against a company ‘associated’ with its contractor, if the contractor is insolvent? The Building Safety Act 2022 (BSA 2022), s 130, empowers the High Court to make a building liability order (BLO) if it considers it just and equitable to do so. A BLO imposes liability for certain defective building works on a corporate body associated with a corporate body that provided the works (the ‘original body’). Specifically, the court may order that a ‘relevant liability’ (see below) of the original body is also a liability of an associated body, or a joint and several liability or two or more associated bodies. For more information on BLOs generally, see Practice Note: Building liability orders. This Q&A considers whether a developer is entitled to a BLO against a company associated with a contractor that it engaged to provide building works where it: • is liable to the owners or leaseholders of a building for defects, and • wishes to...

See the 40 Q&As about Joint and several liability

Applicability of statutory substantive law regimes to arbitration (Tesseract v Pascale)

Arbitration analysis: The High Court of Australia has held that a statutory proportionate liability regime applies to arbitrations that are subject to the substantive law of the state, unless excluded by party agreement. The regime (common to all Australian jurisdictions) limits a respondent’s liability for tortious, contractual, and statutory damages to that respondent’s contribution to the loss, and leaves the claimant to sue other contributors. The claimant in this case argued unsuccessfully that the regime could not be applied to arbitration because it could not join the other contributors to the arbitration. Written by Dr Cameron Ford OAM, barrister at William Forster Chambers.

BHS directors liable for trading misfeasance in the sum of more than £110m (Wright and others v Chappell and others; Re BHS Group Ltd)

Restructuring & Insolvency analysis: In a judgment which brings to a conclusion the trial of the former BHS directors, the Court has held the directors joint and severally liable for the increase in net deficiency of the company arising out of breaches of duty which caused the company to continue trading. Written by Phillip Patterson, barrister, Gatehouse Chambers.

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