Tortious Liability

In the recent case of Lifestyle Equities CV and another v Ahmed and another [2024] UKSC 17, the Supreme Court have handed down its judgement providing clarity on the law of accessory liability.

The Supreme Court have clarified that in order to be liable as an accessory for a tort committed by a primary wrongdoer, a person must have knowledge of the essential facts that make the act done wrongful.

In this case, Mr Ahmed and his sister were directors of Hornby Street Ltd who were one of 16 defendants found to have infringed Lifestyle Equities CV’s registered trademarks for Beverly Hills Polo Club.

The Supreme Court did not focus on the issues of trademark infringement against Hornby Street but were instead focusing on the issue of whether Mr Ahmed and Ms Ahmed were jointly and severally liable for the infringement and if so, whether it was appropriate for an account of profits to be awarded against them when there was no finding that they had acted unconscionably or in bad faith.

Tortious liability: Supreme Court brings relief for directors | Practical Law (thomsonreuters.com)