From: jon+usenet@unequivocal.eu
On 2025-09-15, John wrote:
> On 14/09/2025 16:12, Fredxx wrote:
>> Yes, I was wondering if naming the Director as defendant as there is
>> some legal culpability. Plus he would be representing the company such
>> that if his liability is dismissed by a Judge then he's not in a strong
>> position to claim expenses.
>
> It would be down to the Judge but imo by allowing the company to do
> something unlawful he potentially becomes personally liable.
Antuzis v DJ Houghton [2019] EWHC 843 (QB) seems relevant to this.
The directors in that case were held personally liable for failure
to pay minimum wage, because the judge was persuaded that they
"actually realised" that the failure to meet the minimum wage
requirements was unlawful (as opposed to, say, just not knowing
about the minimum wage rules or paying insufficient attention to
them).
https://www.bailii.org/ew/cases/EWHC/QB/2019/843.html
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