Twitching the Net Contribution Clause: The Ian Finlay Casebook

A common divisive issue between Client and Consultant when negotiating appointment terms or collateral warranties is the inclusion of a net contribution clause, designed to counter the common law rule of joint and several liability which fixes each party who has contributed to a loss with potential responsibility for the full loss (if, say, the other responsible parties are no longer available).

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This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

Mark Klimt


I am Partner and head of the firm’s Non-Contentious Contract Advisory Service, working with the insurance sector.