Brumder v Motornet Service and Repairs Ltd & Anor

Brumder v Motornet Service and Repairs Ltd & Anor

Where a sole director and shareholder is injured due to a breach of an absolute statutory duty by the company, and that breach is wholly attributable to his own failure to exercise reasonable care as director, he cannot recover damages from the company. The Ginty/Boyle v Kodak defence applies, barring recovery, as the director cannot benefit from his own wrong.

Parties
Appellant: Peter Michael Brumder; First Respondent: Motornet Service and Repairs Ltd; Second Respondent: Aviva Insurance Ltd
Jurisdiction
England and Wales
Judgment Date
14 March 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Statutory Duty of Care, Director's Duties, Contributory Negligence, Corporate Veil, Workplace Injury
Employment Law Company Law Health and Safety Law Statutory Duty of Care Director's Duties Contributory Negligence Corporate Veil Workplace Injury

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Parties

Peter Michael Brumder

Appellant

Motornet Service and Repairs Ltd

First Respondent

Aviva Insurance Ltd

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a sole director and shareholder can recover damages from his company for breach of an absolute statutory duty when he was personally responsible for the breach
  2. 2 Whether the Ginty/Boyle v Kodak defence applies to a director/claimant in these circumstances
  3. 3 Whether the finding of 100% contributory negligence was correct

Ratio Decidendi

Where a sole director and shareholder is injured due to a breach of an absolute statutory duty by the company, and that breach is wholly attributable to his own failure to exercise reasonable care as director, he cannot recover damages from the company. The Ginty/Boyle v Kodak defence applies, barring recovery, as the director cannot benefit from his own wrong.

Court Disposition

appeal dismissed

Orders

  • Respondents’ Notice upheld
  • Claim dismissed