ACCA F4 Law ENG Cases - Company Law
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