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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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

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Family set expands with the formal integration of 4 Brick Court into 42BR Barristers

The Court of Appeal has issued a stern warning to lawyers engaging in the practice of ‘privilege hunting’—obtaining an opponent’s legally privileged information through dishonest means
Legal executives have given a lukewarm reception to the Legal Services Board’s (LSB’s) final report from its regulatory review into Mazur advice and guidance
A homeless single parent offered accommodation in Derby has lost her Supreme Court appeal against the London council making the offer
The Kingdom of Bahrain does not enjoy sovereign immunity from allegations it used surveillance software to spy on dissidents in the UK, the Supreme Court has held
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