Two or more persons who are jointly and severally liable for the same tort. It means that the claimant can sue both (or all) of them or recover the whole of amount of any one regardless of the extent to which each participated. A tortfeasor held wholly liable for the damage has a right of contribution from other tortfeasors liable for the same injury/damage (Civil Liability (Contribution) Act 1978). Vicarious liability is a principal instance of joint tortfeasors.
Tag: UK
Judicial delay insurance
A special scheme insuring against the additional costs incurred by a litigant following the delay or postponement of a court hearing. Cover operates for non-appearance of the judge, a presiding official or counsel due to illness or for any other reason.
Judicial review insurance
Policy indemnifying the insured in the event of the insured’s planning consent being made subject to a judicial review hearing and the insured’s intended development prevented or delayed.
Jurisdiction/jurisdiction clause
The authority of a court to hear and decide cases. Jurisdiction is determined by the geographic location of the court and the subject matter of the case. A jurisdiction clause in liability policies usually means that the policy will respond only to an action brought in Great Britain, Northern Ireland, the Channel Islands or the Isle of Man. Another common approach, less restrictive, is simply to exclude claims that are the subject of US and Canada jurisdiction.
Justification
Defendant may plead that the actions that form the basis of the case against him were justified. In a libel case, the plea of justification admits the publication of the defamatory words but pleads that they are true in substance and in fact.