Joint and Several Liability in UK Law
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Barker v Corus (UK) Ltd; Murray v British Shipbuilders (Hydrodynamics) Ltd; Patterson v Smiths Dock Ltd and Others
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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.
But it does not necessarily follow from the fact that the damage is a single indivisible injury that each of the persons who may have caused that injury should be liable to pay for all of its consequences. 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. Where joint tortfeasors act in concert, each is liable for the whole because each has caused the whole.
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Hawkes v Cuddy and Others (Nos 1 & 2)
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HH Judge Havelock-Allen QC found that the Hawkes/Cuddy Agreement, reached sometime between January and the beginning of April 2003, contained the following terms: (1) Mr Hawkes and Mr Cuddy would each assume personal liability to repay half of the debt of £180,000 owed by Neath RFC to the WRU, (2) they would establish, as joint co-owners a new corporate entity (“newco”) to purchase the assets of Neath RFC from the WRU, and thereafter to own and manage the Club, (3) Mr Hawkes would own one share in newco and Mr Cuddy would own the other share, (4) Mr Hawkes and Mr Cuddy would each be directors of newco, (5) Mr Hawkes would concentrate on the management of Neath RFC, (6) Mr Cuddy would concentrate on the management of the regional side (Neath-Swansea Ospreys) and for that purpose would be nominated by newco to act as one of the two directors of the new entity being established to own and manage Neath-Swansea Ospreys, (7) any payments to be made by newco should be authorised by Mr Hawkes and Mr Cuddy.
Mr Cuddy replied a couple of days later that all matters had been discussed at their meeting of 19 January and that as far as he was concerned he had acted in accordance with that agreement and the Ospreys shareholders' agreement. It is now accepted that Mr Atherton was quite wrong about the existence of a cap on the liability of the Ospreys. This internal e-mail shows that his mistake was a genuine one.
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Huntingford v Hobbs
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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.
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Stack v Dowden
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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.
- The Council Tax (Joint and Several Liability of Care Leavers) (Wales) Regulations 2022
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Finance Act 2020
... ... give and to grant unto Your Majesty the several duties hereinafter mentioned; and do therefore ... leaving local authority care“(1) No liability to income tax arises in respect of a care ... ) In section 248E(6) (relief on disposal of joint interests in private residence) for “and 223” ... ...
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Partnership Act 1890
... ... (1) Joint tenancy, tenancy in common, joint property, ... section does not affect any personal liability incurred by an individual partner ... 8: Effect ... 12: Liability for wrongs joint and several ... Every partner is liable jointly with his ... ...
- Limited Liability Partnerships Act 2000
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Audit firms pin hopes on E&Y case.
... ... 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 ... ...
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The Jersey Limited Liability Partnership: A New Legal Vehicle for Professional Practice
... ... 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 ... ...
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Motor vehicle lessors' liability for damages to third parties: a comment
... ... 3.1 Whether Third Party Practice Exonerates Joint and Several Liability ... Article 43 of the Civil Procedure Code ... ...
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Index
... ... 232 Bankruptcy. See Joint bankruptcy petitions Bonus schemes 16 Bribery 87 ... liability 23, 44, 87–8 ... Damages 138 Death of partners ... Jersey 3 Joint and several liability 88–9 Joint bankruptcy petitions ... ...
- Joint And Several Liability Following Settlement Of A Claim To Which Not All Of The Sellers Were Parties
- Court Of Appeal Rules On Joint And Several Liability And Account Of Profits In Trade Mark Infringement Proceedings
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New Tax Risks for Directors: Insolvent Companies and COVID-19 Fraud
Finance Act 2020: This Time It’s Personal (Liability) - The Finance Act 2020 introduces new rules which make certain individuals who have a ‘relevant connection’ to a company that is, or is like...... ... Act 2020: This Time It’s Personal (Liability) ... The Finance Act 2020 introduces new rules ... , HM Revenue and Customs (HMRC) can issue a joint and several liability notice (JSLN) to directors, ... ...
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Full And Final Settlement ' A Cautionary Tale
... ... liability and those claims where there was joint and ... between the claims with joint and several liability and those with ... concurrent ... ...
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Apply to make decisions on someone's behalf (supporting information)
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... (please give details) ... If joint deputy for property and affairs, attorney or ... attorney or joint donee ... If joint and several deputy, attorney or donee, I have notified my ... ; however we do not accept any liability ... for any error it may contain ... The court ... ...
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Annex F - Supporting information relating to validity or operation of enduring power of attorney (EPA) or lasting power of attorney (LPA)
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... Attorney/Donee ... Joint and several ... Please give details ... Section 2 ... liability for any error it may contain ... If you need ... ...
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Apply to make decisions on someone's behalf (property and finance)
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... First name(s) ... Sole deputyship ... Joint deputyship ... Joint and several deputyship ... ; however we do not accept any liability for ... any error it may contain ... You must ... ...