ACCA F4 Law ENG Cases - Company Law

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Salomon v Salomon and Co.

Established the principle of separate legal personality.

Gilford Motor Co v Horne

The veil will be lifted where a company is formed to evade legal obligations.

Daimler Co Ltd v Continental Tyre and Rubber Co (GB) Ltd

The veil may be lifted during wartime to establish the alien enemy character of a company.

R v OLL Ltd

The veil may be lifted in cases of corporate manslaughter where the 'controlling mind' of a company can be identified.

Ebrahimi v Westborne Galleries

The veil may be lifted and a company wound up on 'just and equitable grounds' grounds where there is a breakdown in a 'quasi-partnership' relationship

DHN Food Distributors v Tower Hamlets LBC

Groups companies will not benefit from the veil of incorporation where they are acting as 'a single economic entity'

Adams v Cape Industries

The general presumption in group companies is that each company is protected from the other by the veil of incorporation

Jubilee Cotton Mills v Lewis

The date on a company's certificate of incorporation is conclusive evidence of the company's existence

Erlanger v New Sombrero Phosphate Co

Company promoters must disclose all transactions with the companies they form.

Hickman v Kent or Romney Marsh Sheep Breeders Association

The members are bound to the company by the Articles of Association.

Pender v Lushington

The company are bound to the members by the Articles of Association.

Rayfield v Hands

The members are bound to the members by the Articles of Association.

Eley v Positive Life Co

Third parties are not bound, or are able to enforce the Articles of Association

Greenhalgh v Arderne Cinemas

An alteration of the Articles must be to the benefit of the company as a whole

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