Who can be sued? A civil claim for bribery can usually be made against the bribe-payer and the bribe-recipient.

When does it apply? The tort of bribery is founded on the legal relationship of principal (the state) and agent (the official). A similar relationship exists between a company and its directors. The “bribe” is a benefit given by a legal entity or individual to a public official to obtain a favourable decision from the state, for example the award of a contract. A claim for bribery will not be available when there is no agency relationship. That may be the case for junior officials, but alternative claims will usually be available.