Safeway Stores Ltd & Ors v Twigger & Ors [2010] EWCA Civ 1472 (21 December 2010)

Safeway Stores Ltd & Ors v Twigger & Ors [2010] EWCA Civ 1472 (21 December 2010)

A company penalised under the Competition Act 1998 for intentional or negligent infringement cannot recover the penalty or related investigation costs from its directors or employees responsible for the infringement, as the liability is personal to the company and the ex turpi causa maxim precludes such recovery.

Source-derived case information.

Citation
[2010] EWCA Civ 1472
Parties
Respondents: Safeway Stores Limited & Others; Appellants: Twigger & Others
Jurisdiction
England and Wales
Judgment Date
21 December 2010
Procedural Posture
Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal; Summary Judgment Application
Outcome
Appeal allowed; summary judgment entered for defendants (directors/employees).
Legal Topics
Ex Turpi Causa Non Oritur Actio, Attribution of Liability to Corporations, Recovery of Regulatory Penalties, Directors' and Employees' Duties, Summary Judgment, Discontinuance and Costs
Competition Law Employment Law Corporate Law Ex Turpi Causa Non Oritur Actio Attribution of Liability to Corporations Recovery of Regulatory Penalties Directors' and Employees' Duties Summary Judgment +1 more

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Parties

Safeway Stores Limited & Others

Respondents

Twigger & Others

Appellants

Procedural Posture

Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal; Summary Judgment Application

Legal Issues

  1. 1 Whether a company penalised under the Competition Act 1998 can recover the penalty from directors/employees responsible for the infringement
  2. 2 Whether the ex turpi causa maxim precludes such recovery
  3. 3 Whether the acts of directors/employees can be attributed to the company for the purpose of the maxim

Ratio Decidendi

A company penalised under the Competition Act 1998 for intentional or negligent infringement cannot recover the penalty or related investigation costs from its directors or employees responsible for the infringement, as the liability is personal to the company and the ex turpi causa maxim precludes such recovery.

Court Disposition

Appeal allowed; summary judgment entered for defendants (directors/employees).

Orders

  • Summary judgment for the defendants (Twigger & others).
  • Claimants (Safeway & others) cannot recover penalties or investigation costs from defendants.