C Evans & Sons Ltd. v Spritebrand Ltd [1985] 1 W.L.R. 317
Citation:C Evans & Sons Ltd. v Spritebrand Ltd [1985] 1 W.L.R. 317
Rule of thumb: Can directors be made personally liable for tortious acts if they were the ones who personally directed them? No, as a general rule, however, if it can be proven that they were reckless then they can be made personally liable then on some exceptional occasions they can.
Judgment:
’where a company director was sought to be made liable for the tortious acts of his company, the extent of his personal involvement in the company’s tort had to be carefully examined; but that where the director had authorised, directed and procured the acts complained of it was not an essential precondition of his liability that he knew that the acts thus authorised were tortious, or was reckless as to whether or not they were likely to be tortious, unless the primary tortfeasor’s state of mind or knowledge was an essential ingredient of the particular tort alleged’, Lord Justice Atkin
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.