How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

If there is more than 1 defendant for a civil claim and defendant

Resolved Question:

If there is more than 1 defendant for a civil claim and defendant 1 files bankruptcy will the bill be passed to the other defendants?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Are you the defendant (D) or claimant in this scenario please? If D, are you the D that is considering bankruptcy or the other D?

Customer: I am asking for friends
Customer: I am asking for friends, one is thinking about bankruptcy as cannot pay the bill and The other friend is a defendant
Joshua :

Thanks. Do you know the reason for the claim against them - i.e. is it some form of alleged breach of contract for example?

Joshua :

FYI - I am shortly due to leave on an appointment. Whilst obviously I can revert to you later if necessary if you can come back to me on the above I would hope to be able to provide you with a full response now before I go if it would be of help...

Joshua :

I note you have gone off line. I unfortunately have to leave for an appointment now but if you can revert to me I will with your permission respond to you this evening.

Customer:

yes please respond this evening that is fine.

Customer:

it is due to a road traffic accident the insurance company are sueing the defendants to recover the outlay that they incurred as a result of the accident.

Customer:

the insurance company want to recover the costs from the defendant due to non disclosure.

Customer:

the defendant cannot pay this.

Joshua :

Thanks for the above. Sorry for the delay in reverting to you. Just a few more points if I may - I would prefer to give you a specific reply to the precise circumstances rather than a generalised one which I fear nay be of limited use.
a) is the insurance company the defendants insurance co or a third party's?
b) whose fault was the accident?

Customer: Defendants insurance company, they are saying that certain information was not disclosed. Yes it was the defendants fault.
Customer: would it make a great difference if it was third party insurance?
Joshua :

Thanks. Why is there a second defendant in this case? Presumably only one of the defendants had the policy in question and it was not a joint policy or was it a joint policy?

Customer: As it was a joint policy, the named driver had the accident however the policy holder and driver have been named as defendants.
Joshua :

Got it thank you...

Joshua :

On the basis that the policy is a joint policy and the defendants held the policy as joint policy holders then each of them have an equal duty to respond truthfully to questions the insurer asked on the proposal form. Accordingly the insurer has a claim against each of them jointly and severally - though of course whether they have a successful claim is another matter.

Joshua :

On this basis if they obtained judgement against the defendants and one of the defendants was declared bankrupt either before or after judgement then the remaining defendant would be liable for the entire judgement debt.

Joshua :

However if the defendants propose to defend the claim they may wish to consider asking the court to adjourn the claim in favour of a resolution via the Financial Ombudsman. This is an alternative dispute resoultion process which is cost free to the defendants and the FO can look at the issues and make a determination which is binding on the insurer but not on the customer who can still elect to go to court if they prefer.

Joshua :

Is there anything above I can clarify for you?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer: No that's perfect
Customer: thank you
Joshua :

If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 3 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice