Joint and Several Liability in UK Law

Leading Cases
  • Greenalls Management Ltd v Commissioners of Customs and Excise
    • House of Lords
    • 12 Mai 2005

    By virtue of the joint and several liability created by regulations 5(5) and (6), he has a right of recourse against those primarily responsible for the diversion. Of course he may in practice find it difficult to pursue them. The warehouse keeper can reduce the commercial risk by requiring a bond or guarantee. Whether he does so or is content to run the risk of having to pay the duty without effective recourse is a matter for him.

  • Barker v Corus (UK) Ltd; Murray v British Shipbuilders (Hydrodynamics) Ltd; Patterson v Smiths Dock Ltd and Others
    • House of Lords
    • 03 Mai 2006

    In my opinion, the attribution of liability according to the relative degree of contribution to the chance of the disease being contracted would smooth the roughness of the justice which a rule of joint and several liability creates.

    If the Fairchild principle were based upon the fiction that each Fairchild defendant had actually caused the eventual outcome, the analogy with tortfeasors each of whom had contributed to an indivisible outcome would be very close.

    The common law rules that lead to liability in solidum for the whole damage have always been closely linked to the common law's approach to causation. There is no reason in principle why the former rules should not be modified as the latter approach is courageously developed to meet new situations.

  • Stack v Dowden
    • House of Lords
    • 25 Abr 2007

    The law has indeed moved on in response to changing social and economic conditions. The search is to ascertain the parties' shared intentions, actual, inferred or imputed, with respect to the property in the light of their whole course of conduct in relation to it.

  • Huntingford v Hobbs
    • Court of Appeal (Civil Division)
    • 10 Mar 1992

    As at the date of the purchase, while Mrs Hobbs no less than Mr Huntingford was assuming a liability to the lender, it was not contemplated that, as between the two of them, she would have to pay anything towards discharge of this liability.

  • Mobilix Ltd ((in Administration)) v HM Revenue and Customs; Blue Sphere Global Ltd v Same; Calltel Telecom Ltd and Another v Same
    • Court of Appeal (Civil Division)
    • 12 Mai 2010

    They were warned to take heed of any indications that VAT may go unpaid (4.9). A trader who chooses to ignore circumstances which can only reasonably be explained by virtue of the connection between his transactions and fraudulent evasion of VAT, participates in that fraud and, by his own choice, deprives himself of the right to deduct input tax.

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Legislation
  • Arbitration Act 1996
    • UK Non-devolved
    • 01 de Janeiro de 1996
    ...... of a sole arbitrator, the parties shall jointly appoint the. arbitrator not later than 28 days ... . . (b) any liability thereby incurred by him. . (2) If or to the ...Joint and several. S-28 . Joint and several liability of parties ......
  • Finance Act 1947
    • UK Non-devolved
    • 01 de Janeiro de 1947
    ...... to give and grant unto Your Majesty the several duties hereinafter mentioned; and do therefore ...other than any prospective liability or increased liability. of his under any of the ...apportioned jointly so elect as respects that chargeable accounting. ......
  • Community Charges (Administration and Enforcement) Regulations 1989
    • UK Non-devolved
    • 01 de Janeiro de 1989
    ...... 22. Joint and several liability . 23. Joint and several ......
  • Limited Liability Partnerships Act 2000
    • UK Non-devolved
    • 01 de Janeiro de 2000
    ......First, every partner is liable jointly, and in Scotland severally also, with his other partners for all the debts ......
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Books & Journal Articles
  • Audit firms pin hopes on E&Y case.
    • Núm. 2005, February 2005
    • Financial Management (UK)
    • LIABILITY - Ernst & Young
    ...... a change in the law relating to auditor liability, according to a leading audit expert. . Peter .... Under the current "joint and several liability" rules, an auditor found to ......
  • The Jersey Limited Liability Partnership: A New Legal Vehicle for Professional Practice
    • Núm. 60-4, July 1997
    • The Modern Law Review
    ...... of at least two international accountancy practices 7 and possibly several large City law firms, 8 registering as Jersey LLPs, justifies a critical ... a long-running campaign urging government to reform the system of joint and several liability, which it regards as fundamentally iniquitous by ......
  • Legal Liability in Outer Space — the New Treaty
    • Núm. 4-2, June 1972
    • International Relations
    ...... state, but disagreements remained over such matters as joint and several liability in international projects, the measure of ......
  • Motor vehicle lessors' liability for damages to third parties: a comment
    • Núm. 7-1, September 2013
    • Mizan Law Review
    • Hailegabriel T Feyissa
    • LLB (Bahir Dar University), LLM (University of Groningen), PhD Student (The University of Melbourne). Formerly, the author was assistant professor of law at Law School, Bahir Dar University
    • 144-153
    ......Accordingly, the owner and holder of the vehicle are jointly and severally liable. Moreover, the owner is entitled under Article 2083 ......
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Law Firm Commentaries
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