Joint & several liability · PI

Joint and several liability — the professional-team problem

Reviewed by Matthew Bartlett, Director, Apex Insurance Brokers Limited (FCA FRN 724952) · Published 15 July 2026

When multiple professionals cause a single loss, English law holds each of them liable for the whole. A partial-fault professional can be sued for 100% of the claim.

The doctrine, plainly

Joint and several liability means each defendant is liable for the full amount of the claim — not just their share.

The successful claimant recovers from whichever defendant has the deepest pockets (usually the one with PI).

Contribution claims between defendants exist — but only if the co-defendants are solvent.

Why professionals get caught

Insolvent co-defendants leave the solvent one carrying the whole liability.

Statutory apportionment (Civil Liability (Contribution) Act 1978) works between defendants but not against the claimant.

The 'last man standing' typically absorbs the full loss.

The net-contribution clause

A net-contribution clause limits liability to the proportion the professional would pay 'if all other consultants had paid their fair share'.

Widely used in architect appointments and engineering consultancy contracts.

Effectiveness varies: consumer clients may face challenges under UCTA and other regulation.

Include net-contribution clause in every appointment where possible.
Confirm PI wording responds to net-contribution language.
Where clauses are refused, price and limit accordingly.

Frequently asked

What is 'joint and several' in one sentence?

Each defendant is liable for the whole, not their share.

Does the Civil Liability (Contribution) Act 1978 help?

It provides recovery between defendants — but not against the claimant. Only useful if co-defendants are solvent.

Do net-contribution clauses work?

They're generally effective in B2B contracts but can be challenged, especially in consumer contracts under UCTA.

Which professions are most exposed?

Design teams (architects, engineers, contractors) and multi-disciplinary consulting engagements.

Should PI limit reflect the whole loss or my share?

The whole loss potentially. Even with a net-contribution clause, insurers underwrite on worst-case exposure.

What about collateral warranties?

Collateral warranties often extend joint and several liability to non-contract parties. Read them carefully.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Firm reference number 724952. Registered in England and Wales, company number 07014570.

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This guide is built from Apex's own market data: the premiums insurers have actually quoted and charged on professional indemnity risks we have handled. Each night that data is aggregated into anonymised rate bands by profession, fee income and limit of indemnity. No client information is published — a band only appears where it contains at least five separate records, and unusually high premiums are excluded so a single atypical risk cannot distort the guide.

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