The Tartan Army Ltd v SETT Gmbh and others

Company – Sole shareholder and director – Personal liability for actions of company. Court of Session: In a case in which the pursuer advanced claims against a company (the fourth defender) and its sole director and shareholder (the third defender) in respect of alleged infringements of trademarks, following a debate on the question of whether the third defender was properly convened as a party to the action on the basis that he was personally liable for the actions of the fourth defender, the court held that the action in so far as directed against the third defender was irrelevant and should be dismissed.

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