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06 January 2011
Issue: 7447 / Categories: Case law , Law digest
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Damages

Safeway Stores Ltd and others v Twigger and others [2010] EWCA Civ 1472, [2010] All ER (D) 245 (Dec)

If an undertaking infringed provisions of the Competition Act 1998 relating to anti-competitive activity and was duly penalised by the OFT, that undertaking could not recover the amount of such penalties from its directors or employees who were themselves responsible for the infringement. The liability was personal to the undertaking. No one was liable for the penalty imposed by the Act except the relevant undertaking.

If there was a liability it could not be imposed on any person other than the undertaking and the undertaking was personally liable for the infringement. If a penalty was imposed, it would only be because the undertaking itself had intentionally or negligently committed the infringement.

In those circumstances, it was the undertaking which was personally at fault (there could be no one else who was) and, once the maxim was engaged, the undertaking could not say that it was not personally at fault in order to defeat the application of the maxim. The

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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