This type of liability is governed by the standard rules on tort and does not require serious culpability on the part of the director. The Supreme Court also held that a director can be held personally liable, alongside the company, for tortious conduct by the company. In short, this is the case where a director is seriously culpable in a personal capacity with regard to that conduct.
Director can be held personally liable
The Supreme Court ruled on 23 November 2012 that a managing director can be held personally liable if he has acted in breach of a personal duty of care, even if the company can also be held liable for the same actions.