Q&As
B and C have a joint and several liability for a debt to A. B and C are subsequently made bankrupt. Some years later B discharges the joint and several debt owed to A. B then lodges a claim for a contribution from C in C’s bankruptcy. Is B’s claim in C’s bankruptcy a provable debt as the original joint and several liability was outstanding before the bankruptcy orders were made, or is it a non-provable post-bankruptcy liability as there was no obligation to pay between B and C until B discharged the original debt?
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Published on: 11 September 2017
The nature of Joint and several liability
As seen in Practice Note: Joint, several, and joint and several liability, 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.
For instance, where B and C jointly promise to pay £100 to A, but both B and C also separately promise A that £100 will be paid to it by either
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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 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.
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