Clifford Chance
European Competition Journal article "Safeway Stores Ltd v Twigger: the buck stops here."
5 April 2011
Anna Morfey and her co-author Conall Patton, barrister at One Essex Court, discuss the recent Court of Appeal judgment in Safeway Stores Ltd v Twigger. Safeway brought a claim against its former directors and employees seeking to recover from the amount of a fine imposed on it by the Office of Fair Trading for infringements of the Competition Act 1998. The directors and employees sought to have the claim struck out. The CA, reversing the judgment of Flaux J at first instance, allowed the appeal and struck out the claim, holding that it was barred by the principle of public policy: "ex turpi causa non oritur actio". Elizabeth Morony and Anna Morfey acted for one of the defendants.
This article first appeared in the Competition Law Journal in volume 10, issue 1, 2011 (pp 57-64), which is an imprint of Jordan Publishing Limited.
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European Competition Journal article
