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Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction and is dependent on the intention of the parties as evidenced in the contract. For example, in Rhinegold Publishing v Apex Business Development, statutory demands were served on Rhinegold Ltd, and a related company, Tannhauser Ltd, in the sums of approximately £22,000 and £31,000 respectively. A settlement agreement was subsequently entered into under which the parties agreed to pay the amounts due, but Tannhauser failed to fully do so. Although the settlement agreement was silent on the question of liability, the High Court held that on a proper construction of the agreement, the parties were jointly and severally liable. Rhinegold was therefore required to pay the outstanding sums owed by Tannhauser.Joint liabilityJoint liability arises where two or more persons jointly promise...

Group Litigation Orders and multi-party actions in relation to financial services disputes

Group Litigation Orders and multi-party actions in relation to financial services disputes This Practice Note examines Group Litigation Orders (GLOs) in the context of financial services disputes. It compares GLOs with: • other forms of multi-party litigation: ◦ consolidation of actions (CPR 3.1(2)(g)) ◦ representative actions (CPR 19.8) ◦ ‘omnibus claims’ (CPR 7.3) ◦ test cases following complaints to the Financial Ombudsman Service (FOS) (DISP 3.4.2 R) ◦ the Financial Markets Test Case Procedure (CPR 63A) ◦ collective proceedings for competition law breaches • collective redress that may be obtained through regulatory action by the Financial Conduct Authority (FCA) or Prudential Regulation Authority (PRA): ◦ consumer redress schemes (FSMA 2000, s 404) ◦ restitution orders (FSMA 2000, ss 382–384) It also considers relevant case law and GLOs in practice. Origins of Group Litigation Orders (GLOs) GLOs were introduced in the Civil Procedure Rules (CPRs) 2000 following recommendations by Lord Woolf in his report on Access to Justice (1996). The objective was to provide means of...

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Cohabitation contract

Cohabitation contract This Deed is made the [insert date and month] 20[insert year] Parties 1 [Insert name of first party] of [insert address of first party] ([insert first and last name of first party referred to as AB]) and 2 [Insert name of second party] of [insert address of second party] ([insert first and last name of second party referred to as BC]) Recitals (A) The parties intend that this Deed shall be legally binding on them and their respective personal representatives and estates. (B) [Both parties acknowledge that they have had the benefit of independent legal advice as to the terms and effects of this Deed OR [AB OR BC] has taken independent legal advice as to the terms and effects of this Deed and [BC OR AB] has been advised to do so]. (C) Both parties have entered into this Deed freely and voluntarily. (D) The parties [are living together OR will be living together from [insert date when cohabitation will commence]] and the...