joint tortfeasors

When a person commits a tort, they may be found to be liable with others for the same act or omission, and are known as joint tortfeasors (pronounced “tort-fees-or”). The participants act together in the tort such that their separate shares in the tort are done in furtherance of a common design. Accordingly, each tortfeasor has joint tortious responsibility for the tort committed.

Joint liability may arise as a result of legal relationships including agency, partnership, and vicarious liability. Joint tortfeasors are usually jointly and severally liable for the acts constituting the tort and the damages suffered as a result of it.

Suing Joint Tortfeasors

Judgment recovered against one person in respect of a tort does not prevent continuation of proceedings against those that are jointly liable in respect of the same debt or damage. Furthermore, where judgment has been obtained against one tortfeasor, and the claimant subsequently sues another tortfeasor, the claimant is not entitled to recover their costs in the subsequent proceedings unless the court finds that there was good reason to bring the subsequent actions. Accordingly, claimants who seek to pursue damages arising from tortious conduct should sue all relevant tortfeasors at the first set of proceedings to maximise recovery of costs.

Examples of Torts

More than one person may be found to be complicit with others in the commission of any tort. Common instances of torts where several persons are found to be liable, such as individuals, companies and joint venture partners include:

1. Infringement of intellectual property rights, namely copyright, patents, trademarks and designs and
2. Misuse and unauthorised disclosures of confidential information and trade secrets;
3. Tort of conversion;
4. Tort of conspiracy;
5. Tort of negligence;
6. Defamation.

Where a company director plays a part in the commission of a tort, they may be found to be jointly and severally liable with the company. As such, in appropriate cases, participation as a joint tortfeasor is a means of piercing the corporate veil.