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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3843
Experience:  Solicitors 2 years plus PQE
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I was 1 of 3 trustees of a charity that accrued a tax liability.

Customer Question

I was 1 of 3 trustees of a charity that accrued a tax liability. The trustees were joint and severally liable for this debt. In order to avoid a C.C.J. I paid 1/3 of the debt for one of the other trustees.
If I want to recover this £ am I obliged to ask for the £ from both trustees first or just from the one that I paid for?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Thank you for your question and welcome.
Joint and several liability means you are all jointly and individually liable for the whole debt not 1/3 shares.
Any claim against your fellow trustee would arise under the Civil Liability (Contribution) Act 1978. If you look at S.2 of this legislation:
"2(1)Subject to subsection (3) below, in any proceedings for contribution under section 1 above the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person’s responsibility for the damage in question."
Therefore in reading this my opinion would be that you should recover the whole one third from the person that did not pay.
Kind regards