When regulators start corporate investigations, we are often
asked whether directors, managers and other company officers can be
prosecuted. The answer can be "yes".
An Irish Court of Appeal decision of January 2018 has clarified
when prosecutions of individuals can occur. The Court held that
individual liability depends on whether the individual has
functional responsibility for a significant part of the
company's activities and direct responsibility for the area in
controversy.
Detailed Findings from the Court of Appeal
Many Irish statutes (such as companies acts, competition acts,
environmental legislation, telecoms legislation and certain
consumer protection legislation) expressly envisage prosecution of
individuals where offences are committed by a company. Such
statutes state, for example, that a "director, manager,
secretary or other similar officer of a body corporate or a person
who is purporting to act in any such a capacity" may also
be guilty where
