Joint and several liability of partners PA 1890 s. 12
Every partner is jointly and severally liable for the firm's wrongs under PA 1890 ss.10 and 11. A claimant can sue any partner for the full amount.
Every partner is liable jointly with his co-partners and also severally for everything for which the firm while he is a partner therein becomes liable under either of the two last preceding sections.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Every partner is personally liable for wrongs committed by the partnership while they were a partner.
'Jointly and severally' means the injured party can choose to sue any one partner for the full amount of the loss, not just that partner's share.
This section only applies to liabilities that arise under section 10 (torts of the firm) or section 11 (misapplication of money or property). It does not by itself create liability; it makes each partner individually responsible for liabilities the firm already owes under those sections.
When it applies
- A delivery driver employed by the partnership negligently crashes into a pedestrian; the pedestrian can sue any partner for all damages.
- A partner misapplies client money held by the firm; the client can recover the full amount from any partner.
- A customer is injured on partnership premises due to a partner's negligence; the customer can hold any partner fully liable.
- An employee of the partnership commits a tort during work; the victim can demand full compensation from any partner personally.
What this section does not say
- Contractual debts of the partnership (these are governed by partnership agreement or general contract law, not this section).
- Liabilities incurred before a person became a partner (see s.17 for incoming partner's liability).
- A partner's personal wrongdoing entirely outside the firm's business (this section only covers firm liabilities under ss.10-11).
Related sections
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This page reproduces the text of PA 1890 s. 12 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.