Joint and Several Liability in the Construction Industry: Is it time for law reform in the UK?

Adrian Baron

May 2004

A paper based on a commended entry in the Hudson Prize Competition 2003

In the context of the general preference for joint and several liability as against proportionate liability based on a policy choice, the author looks at the jurisdictions where joint and several liability has been abandoned, particularly in the construction industry. He contends that it is time for law reform in the United Kingdom, so that the legal inquiry focuses on each defendant's degree of culpability for the loss or damage it has caused. He considers the doctrine and its ancient common law origins, before turning to the law in the United States of America, Canada and Australia and the debates there have been in the United Kingdom on the topic.

Introduction - The doctrine of joint and several liability - Joint and several liability or proportionate liability? (The United States of America - Canada - Australia - The United Kingdom) - Conclusion.

The author: Adrian Baron BA, LLB(Hons), LLM is a lawyer working in Australia.

Text 11 pages

PDF file size: 76k