In Back Office Ltd v Percival & Ors [2013] EWHC 1385 (QB), Mrs Justice Slade held that the liability of a company for the acts of its servants or agents in breach of an order or undertaking given by the company is strict: it is not necessary to establish that the company failed to take reasonable steps to prevent breach. The case is a welcome clarification of the test for corporate contempt.
Kathleen Donnelly, of Henderson Chambers, appeared on behalf of Back Office, the claimant in the underlying conspiracy claim, and the applicant in the contempt action.
The judgment on liability is reported at [2013] EWHC 1385 (QB), and is available in full here. There was a separate hearing in relation to sanction and costs, in respect of which judgment is due to be handed down on 3rd December 2013.
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