This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Explains when and how multiple defendants can be involved in a public liability claim in England and Wales, covering rules for joining parties, joint and several liability, joint tortfeasors, procedure under the Civil Procedure Rules, and practical guidance for claimants.
In public liability claims in England and Wales, it is common to encounter situations where more than one party may share responsibility for the injury or loss suffered by a claimant. These scenarios can arise where, for example, multiple occupiers, contractors, landowners or other parties contributed to the circumstances that caused the accident. Understanding how the legal system handles claims involving multiple defendants is important for claimants, solicitors and insurers, as it affects how liability, compensation and court procedure operate.
Legal Basis for Multiple Defendants
Civil Procedure Rules (CPR) - Joining Parties
The Civil Procedure Rules (CPR) govern how civil claims are brought and defended in England and Wales. CPR Part 19.1 expressly provides that “any number of claimants or defendants may be joined as parties to a claim”. This means that a claimant can, in one set of proceedings, include whatever number of defendants they reasonably allege contributed to their injury or loss.
The rules also allow the court to add or substitute parties during a claim if doing so helps resolve all matters in dispute.
Convenience Test for Multi‑Party Proceedings
While CPR 19.1 permits multiple defendants, CPR 7.3 requires that claims brought on a single claim form must be ones that can be “conveniently disposed of in the same proceedings”. In practice, courts consider whether the issues for each defendant are sufficiently connected so that trying them together advances justice and reduces duplication of costs and time. If not, the court may order separate proceedings.
Who Might Be Named as Defendants?
Joint Tortfeasors
Where two or more parties have each breached a duty of care and each acted in a way that caused the same indivisible injury, they may be treated as joint tortfeasors. In tort law, joint tortfeasors are persons each liable for the same tortious act or damage. Claimants may sue all of them together, one of them, or any combination, and can recover the full amount of compensation from any of them.
Examples in public liability might include:
- A landowner and a contractor both responsible for unsafe flooring;
- A local authority and a private business both controlling parts of a premises where an accident occurred.
Concurrent and Independent Tortfeasors
If multiple defendants acted independently but contributed to the same harm, they may be severally liable, meaning each defendant is responsible for their own share of the loss. In such a case, claimants often include all possible defendants in proceedings so that liability can be apportioned by the court.
Joint and Several Liability
Under English tort law, where liability is joint or joint and several, a claimant can choose to recover the entire compensation award from any one of the defendants. This approach ensures that compensation is recoverable even if some defendants cannot pay. After a defendant pays the full amount, they may seek contribution from co‑defendants under the Civil Liability (Contribution) Act 1978.
In public liability cases involving multiple defendants - such as an owner and occupier of premises - this principle helps protect claimants' rights even if one party has limited resources.
Practical Examples of Multiple Defendants
Occupiers and Owners
More than one party may be responsible for maintaining a property. For example, a leased building might have:
- A landlord with responsibility for structural repairs; and
- A tenant occupier with responsibility for day‑to‑day safety.
If a visitor is injured due to inadequate maintenance, both the landlord and the tenant could be joined as defendants in the same claim.
Contractors and Employers
In cases involving contractors carrying out work that creates a hazard, multiple parties could be liable, including:
- The main contractor responsible for overall site safety; and
- A subcontractor whose specific actions caused the defect.
The claimant may include both parties in one claim if their actions contributed to the same harm.
Procedural Considerations
Adding Defendants During Proceedings
If a claimant realises that another party should be responsible after proceedings have started, the court can permit the addition of that party as a defendant, provided CPR rules are followed and it is fair and timely to do so.
Settlements and Defendants
Where a claimant settles with one defendant but pursues others, careful attention must be paid to how settlement affects liability for the remaining defendants. For example, a settlement may bar further claims against other joint tortfeasors to the extent of the loss compensated by the settlement, unless otherwise agreed.
Common Questions
Can I claim against several defendants in one action?
Yes. CPR 19.1 allows any number of defendants to be joined in one set of proceedings, subject to the claim being appropriately managed and capable of being conveniently disposed of together.
What if defendants contributed differently to the accident?
The court can determine each defendant's proportion of responsibility and liability through judgment or apportionment, and defendants can seek contribution from each other under statutory provisions.
Does naming multiple defendants complicate the claim?
Including multiple defendants can lengthen proceedings and add complexity, but it ensures all potentially responsible parties are before the court, allowing comprehensive resolution of liability and compensation.
Key Takeaways
Public liability claims in England and Wales can involve multiple defendants where more than one party may have breached a duty of care leading to injury or loss. The Civil Procedure Rules permit any number of defendants to be joined in a single claim, provided the issues can be conveniently dealt with together. The law recognises joint tortfeasors and concurrent liability, allowing claimants to pursue compensation effectively. Understanding how multiple defendants can be joined, how liability is apportionable, and the procedural rules governing such claims helps claimants and legal practitioners navigate complex public liability litigation.
