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...

Multiple tortfeasors—joint, several and accessory liability, directors and group companies, common design/knowledge, pleading and settlement strategy, and contribution under the Civil Liability (Contribution) Act 1978

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Practice notes

This Practice Note on multiple tortfeasors examines liability where a tortious claim involves more than one defendant or prospective defendant. It considers the same damage, same act (joint tortfeasor) concept, when directors may incur liability, accessory liability and knowledge in tort, and practical aspects of pleading such claims or preparing an agreement to settle them. For guidance on wider multi-party liability issues, see the following Practice Notes:

Vicarious liability and multi-party torts
Joint, several, and Joint and several liability
Contribution claims under Civil liability (Contribution) Act 1978
Settling Disputes—claims involving three or more parties

Multiple tortfeasors—the different categories of tortfeasor

Where more than one tortfeasor (a party responsible for a tort) is involved, they may fall into these categories:

joint tortfeasors: the parties answer for the same damage arising from the same tortious act
several tortfeasors: the parties are responsible for causing the same damage
several tortfeasors: the parties are responsible for causing different damage

Joint tortfeasors—same damage, same act

Joint tortfeasors are liable for the same damage produced by the same act...

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Web page updated on 21/05/2026

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