Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Joint and several liability definition

What does Joint and several liability mean? Joint and several liability describes a situation where two or more parties are each responsible for the same obligation, so the creditor or claimant may recover the whole amount from any one of them. Payment or performance by one discharges the others to that extent. The paying party may seek contribution (or, where applicable, indemnity) from co‑obligors. Used across contract and tort/delict, it commonly arises with co‑borrowers, co‑guarantors and concurrent wrongdoers/tortfeasors. It differs from purely joint liability (where all must be sued together) and several liability (where each is liable only for its share). In England & Wales and Northern Ireland, contribution...

Joint, Several, and Joint and Several Liability in Contract and Tort: Parties, Proceedings, Discharge, Settlements and Contribution (England and Wales)

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Practice notes

Contract

Where an agreement is entered into by two or more parties, it may include a promise or obligation undertaken by two or more of them. Any such promise may be:

joint
several
joint and several

Whether an undertaking in contract is joint, several, or joint and several is a matter of construction, depending on the parties’ intention as revealed by the terms of the contract.

For example, in Rhinegold Publishing v Apex Business Development, statutory demands were issued against Rhinegold Ltd and a related company, Tannhauser Ltd, for approximately £22,000 and £31,000 respectively. A settlement agreement followed under which the parties agreed to pay the sums due, but Tannhauser did not fully comply. Although the agreement was silent on liability, the High Court decided that, on a proper reading, the parties were jointly and severally liable. As a result, Rhinegold had to meet the outstanding amount owed by Tannhauser.

Joint liability

Joint liability arises where two or more persons together promise to perform the same obligation. For Instance, where B and C jointly promise to pay £100 to A:

...

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Web page updated on 21/05/2026

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