Safeway Stores Ltd & Others v Twigger & Others [2010] EWHC 11 (Comm)- ex-directors fail to get claim against them struck out

The High Court has allowed Safeways to continue a claim against ex-employees and directors. The company is seeking to recover from ex-employees and directors  competition law fines imposed as a result of breaches for which Safeways claim the individuals were personally responsible.  The High Court concluded that Safeways had a real prospect of defeating any defence based on the principle of "ex turpi causa" and refused an application to strike out the claim.

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