Woolfson was the sole director of 'A' and owned 999 shares of the 1,000 issued shares of company 'A', the remaining share being owned by his wife. There are several cases which at first glance appear to be cases that ignore the separate legal personality of the companies by focusing on the nationality of the shareholders rather than of the company. . Woolfson v Strathclide UKHL 5 . Common law countries usually uphold this principle of separate personhood, but in exceptional situations may pierce or lift the corporate veil. Food Distributorscase (supra) is, on a proper analysis, of assistance to the appellants argument. The latter was in complete control of the situation as respects anything which might affect its business, and there was no one but itself having any kind of interest or right as respects the assets of the subsidiary. Introduction Woolfson v Strathclyde Regional Council The third company, also a wholly owned subsidiary of D.H.N., owned as its only asset the vehicles used in the grocery business, and it too carried on no operations. In my opinion there is no basis consonant with principle upon which on the facts of this case the corporate veil can be pierced to the effect of holding Woolfson to be the true owner of Campbell's business or of the assets of Solfred. Woolfson cannot be treated as beneficially entitled to the whole share-holding in Campbell, since it is not found that the one share in Campbell held by his wife is held as his nominee. that in the circumstances Bronze held the legal title to the premises in trust for D.H.N., which also sufficed to entitle D.H.N. The circumstance that Solfred owned a substantial part of the shop premises was for purposes of this argument dismissed as irrelevant, on the basis that the part of the premises owned by Woolfson was essential to the carrying on of Campbells business, so that without it the business would have to be carried on, if at all, at some completely different place. 1996, c. 125, sect. 90 (15 February 1978) Links to this case Content referring to this case We are experiencing technical difficulties. and dogs Im a perfectionist too, Lord Keith, Lord Wilberforce, Lord Fraser and Lord Russell, DHN Food Distributors Ltd v Tower Hamlets LBC, Ord v Belhaven Pubs Ltd, Jones v Lipman, Woolfson v Strathclyde Regional Council Wikipedia, DHN Food Distributors Ltd v Tower Hamlets LBC, Case Law Company single economic entity Woolfson v Strathclyde Regional Council 1978. But however that may be, I consider the D.H.N. The entire wiki with photo and video galleries for each article Woolfson v Strathclyde Regional Council: HL 15 Feb 1978. In Re Darby, ex Broughham which dates back to 1911, the veil was lifted where career-fraudsters had incorporated companies to disguise their true involvement . View Notes - Spring+2015+ACCT4610+Topic+3 from ACCT 4610 at HKUST. Except where otherwise indicated, Everything.Explained.Today is Copyright 2009-2022, A B Cryer, All Rights Reserved. Facts. I agree with it and with his conclusion that this appeal be dismissed. Note that since this case was based in Scotland, different law applied. But the shop itself, though all on one floor . ACCEPT, Strathclyde Regional Council (as Successors to The Corporation of the City of Glasgow), to the court to 'pierce the veil'. Lord Keith upheld the decision of the Scottish Court of Appeal, refusing to follow and doubting DHN v Tower Hamlets BC. (158) Ibid 564. ramadan rules bahrain; eduard martirosyan net worth upon report from the appellate committee, to whom was referred the cause woolfson and others against strathclyde regional council (as successors to the corporation of the city of glasgow), that the committee had heard counsel, as well on monday the 16th as on tuesday the 17th, days of january last, upon the petition and appeal of (one) solomon LORD RUSSELL OF KILLOWEN.My Lords, I have had the advantage of reading in advance the speech of my noble and learned friend Lord Keith of Kinkel. References They had twenty and ten shares respectively in Solfred Ltd. Mr Woolfson and Solfred Ltd claimed compensation together for loss of business after the compulsory purchase, arguing that this situation was analogous to the case of DHN v Tower Hamlets LBC.[1]. Subscribers are able to see a list of all the cited cases and legislation of a document. No rent was ever paid or credited in respect of No. Salomon v Salomon (1897) A.C. 22 (H.L.) At the same time, pursuing a group interest might assist in resolving the financial difficulties. The latter was in complete control of the situation as respects anything which might affect its business, and there was no one but itself having any kind of interest or right as respects the assets of the subsidiary. He referred to a passage in the judgment of Ormerod L.J. Adams v Cape Industries plc and Another (1991) A worked for a US subsidiary of CI, which marketed asbestos in the US. Continue with Recommended Cookies. A bridal clothing shop at 53-61 St George's Road was compulsorily purchased by the Glasgow Corporation. In so far as Woolfson would suffer any loss, that loss would be suffered by virtue of his position as principal shareholder in Campbell not by virtue of his position as owner of the land. William Buick Wife, We do not provide advice. Following Adams v Cape Industries Plc, further extracts from which are set out, it is below, it is clear that the faade concealing the true facts test has become the primary reference point for any lawyer investigating whether it is possible to pierce the corporate veil and even the same judgment was held in the case of Ord & Another v Belhaven Pubs Ltd[ix]. The veil will be lifted only where 'special circumstances exist indicating that it is a mere facade concealing the true facts': Woolfson v Strathclyde Regional Council (1978) For example: Gilford Motor Co Ltd v Horne (1933) Jones v Lipman (1962) Nationality. This website uses cookies to improve your experience. .Cited Prest v Petrodel Resources Ltd and Others SC 12-Jun-2013 In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. in support of this ground of judgment and, as to the first of them, to some extent also by Lord Denning, M.R., do not, with respect, appear to me to be concerned with that principle. It was maintained before this House that the conclusion of the Lord Justice-Clerk was erroneous. However there are many such situations and this paper hashighlightedfew of them. This argument was rejected by the court for the reasons given in the opinion of the Lord Justice-Clerk. He said that DHN was easily distinguishable because Mr Woolfson did not own all the shares in Solfred, as Bronze was wholly owned by DHN, and Campbell had no control at all over the owners of the land. the separate personality of a company is a real thing. An injunction was granted both against him and the company to restrain them from carrying on the business. (Piercing the veil for attempting to evade a legal obligation); In re Darby, Brougham, [1911] 1 KB. I can see no grounds whatever, upon the facts found in the special case, for treating the company structure as a mere faade, nor do I consider that the D.H.N. I have had the advantage of reading in draft the speech to be delivered by my noble and learned friend Lord Keith of Kinkel. 852, that the court should set aside the legalistic view that Woolfson, Solfred and Campbell were each a separate legalpersona, and concentrate attention upon the realities of the situation, to the effect of finding that Woolfson was the occupier as well as the owner of the whole premises. Woolfson v Strathclyde RC [1978] UKHL 5 (15 February 1978) admin March 8, 2020 INTERNATIONAL / U.K. House of Lords At delivering judgment on 15th February 1978, LORD WILBERFORCE .My Lords, I have had the advantage of reading in draft the speech to be delivered by my noble and learned friend Lord Keith of Kinkel. He said that DHN was easily distinguishable because Mr Woolfson did not own all the shares in Solfred, as Bronze was wholly owned by DHN, and Campbell had no control at all over the owners of the land. The activities of subsidiary companies are an integral part of the activities of the group of companies to which they belong. For the reasons stated in it, I also would dismiss this appeal. Therefore, English courts have shown a strong determination not to embark on any development of a group enterprise law. PDF Lifting, Piercing and Sidestepping the Corporate Veil Ord v Belhaven Pubs Ltd [1998 . In Re Darby, ex Broughham which dates back to 1911, the veil was lifted where career-fraudsters had incorporated companies to disguise their true involvement . Note that since this case was based in Scotland, different law applied. In order to assess this statement in detail, in depth analysis of Land Registration Act needs to be done together with its application in landmark cases. Appellate Committee of the House of Lords. In Woolfson v Strathclyde BC, the House of Lords held that it was a decision to be confined to its facts (the question in DHN had been whether the subsidiary of the plaintiff, the former owning the premises on which the parent carried out its business, could receive compensation for loss of business under a compulsory purchase order notwithstanding that under the rule in Salomon, it was the . This is an appeal against an interlocutor of the Second Division of the Court of Session affirming the decision of the Lands Tribunal for Scotland upon a question relating to compensation for the compulsory acquisition of land. 40, which were founded on by Goff L.J. 2 Salomon v A Salomon and Co Ltd [1897] AC 22. However, in Woolfson v.Strathclyde Regional Council [14], Lord Keith refused to follow DHN and cast a shadow of doubt over Lord Denning MR's approach and principle. Draft leases were at one time prepared, but they were never put into operation. There the company that owned the land was the wholly owned subsidiary of the company that carried on the business. Woolfson v Strathclyde Regional Council[viii] that the House of Lords considered that there is one circumstance in which the corporate veil can pierce, namely when there is one circumstance in which the corporate veil can be pierced, namely when there are special circumstances indicating a faade concealing the true facts. I agree with it and with his conclusion that this appeal be dismissed. Tel: 0795 457 9992, or email david@swarb.co.uk, Darg v Commissioner Of Police for the Metropolis: QBD 31 Mar 2009, Prest v Petrodel Resources Ltd and Others, AA000772008 (Unreported): AIT 30 Jan 2009, AA071512008 (Unreported): AIT 23 Jan 2009, OA143672008 (Unreported): AIT 16 Apr 2009, IA160222008 (Unreported): AIT 19 Mar 2009, OA238162008 (Unreported): AIT 24 Feb 2009, OA146182008 (Unreported): AIT 21 Jan 2009, IA043412009 (Unreported): AIT 18 May 2009, IA062742008 (Unreported): AIT 25 Feb 2009, OA578572008 (Unreported): AIT 16 Jan 2009, IA114032008 (Unreported): AIT 19 May 2009, IA156022008 (Unreported): AIT 11 Dec 2008, IA087402008 (Unreported): AIT 12 Dec 2008, AA049472007 (Unreported): AIT 23 Apr 2009, IA107672007 (Unreported): AIT 25 Apr 2008, IA128362008 (Unreported): AIT 25 Nov 2008, IA047352008 (Unreported): AIT 19 Nov 2008, OA107472008 (Unreported): AIT 24 Nov 2008, VA419232007 (Unreported): AIT 13 Jun 2008, VA374952007 and VA375032007 and VA375012007 (Unreported): AIT 12 Mar 2008, IA184362007 (Unreported): AIT 19 Aug 2008, IA082582007 (Unreported): AIT 19 Mar 2008, IA079732008 (Unreported): AIT 12 Nov 2008, IA135202008 (Unreported): AIT 21 Oct 2008, AA044312008 (Unreported): AIT 29 Dec 2008, AA001492008 (Unreported): AIT 16 Oct 2008, AA026562008 (Unreported): AIT 19 Nov 2008, AA041232007 (Unreported): AIT 15 Dec 2008, IA023842006 (Unreported): AIT 12 Jun 2007, HX416262002 (Unreported): AIT 22 Jan 2008, IA086002006 (Unreported): AIT 28 Nov 2007, VA46401-2006 (Unreported): AIT 8 Oct 2007, AS037782004 (Unreported): AIT 14 Aug 2007, HX108922003 and Prom (Unreported): AIT 17 May 2007, IA048672006 (Unreported): AIT 14 May 2007. The veil will be lifted only where 'special circumstances exist indicating that it is a mere facade concealing the true facts': Woolfson v Strathclyde Regional Council (1978) Gilford Motor Co Ltd v Horne (1933) But the shop itself, though all on one floor, was composed of different units of property. It is the first of those grounds which alone is relevant for present purposes. For the reasons stated in it, I also would dismiss this appeal. Woolfson v Strathclyde Regional Council [1978] UKHL 5 is a UK company law case concerning piercing the corporate veil. Here the three subsidiary companies were treated as a part of the same economic entity or group and were entitled to compensation. a sufficient interest in the land to found a claim to compensation for disturbance and (3) (per Goff and Shaw LL.J.) Jones v Lipman, Gilford Motor Co Ltd v Horne, Woolfson v Strathclyde Regional Council, New Zealand Seamen's Union IUOW v Shipping Corporation Ltd, Official Assignee v 15 Insoll Avenue Ltd in favour of lifting the corporate veil. Therefore, English courts have shown a strong determination not to embark on any development of a group enterprise law. In Woolfson v. Strathclyde Regional Council it was held that the veil could be pierced where special circumstances exist indicating that the company is a faade concealing the true facts. The whole of the shop premises was occupied by a company called M. & L. Campbell (Glasgow) Limited ("Campbell") and used by it for the purpose of its business as costumiers specialising in wedding garments. facts (impropriety)21 can the veil be pierced according to Woolfson v Strathclyde Regional Council.22 In Gencor ACP Ltd v Dalby (Gencor)23 and Trustor AB v Smallbone (No.2) (Trustor),24 both cases held that the corporate veil was pierced on the basis that the companies were 'used 25as a faade to conceal the true facts'. There can be no doubt, and it is not now disputed by the appellants, that Campbell was throughout the occupier of the shop premises and that the business carried on there was that of Campbell. Lists of cited by and citing cases may be incomplete. 95 (Eng.) legal case. They had twenty and ten shares respectively in Solfred Ltd. Mr Woolfson and Solfred Ltd claimed compensation together for loss of business after the compulsory purchase, arguing that this situation was analogous to the case of DHN v Tower Hamlets LBC. The holders of the remaining shares, except one, and all the directors were Germans, residing in Germany. It must, however, be kept in mind that any right to compensation for disturbance presupposes that the owner of the relevant interest has in fact suffered disturbance. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. ,Sitemap. Even Evasion can be considered as Faade only. Woolfson v Strathclyde Regional Council: HL 15 Feb 1978 - swarb.co.uk Woolfson v Strathclyde Regional Council: HL 15 Feb 1978 The House considered the compensation payable on the compulsory purchase of land occupied by the appellant, but held under a company name. Dr Wallersteiner had bought a company . Three of the premises were owned by Woolfson and the other two by another limited company 'B'. Piercing the Corporate Veil? Piercing the corporate veil or lifting the corporate veil is a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders. Commentators also note that the DHN case is self-contradictory. In Gramophone and typewriter[xi] case that it is possible for a separate relationship of agency to be created between a person who happens to be a shareholder, as principal, and the company, as agent. I was referred to Gilford Motor Co. Ltd v Horne [1933] Ch.935, Jones v Lipman [1962] 1 WLR 832, Woolfson v Strathclyde Regional Council [1978] SLT 159, Re a Company [1985] BCLC 333, Adams v Cape Industries plc [1990] 1 Ch. reasons for lifting the veil of incorporation circumstances when the veil is lifted are haphazard and difficult to categorize. There the company that owned the land was the wholly owned subsidiary of the company that carried on the business. The issued share capital of Campbell was 1,000 shares, of which 999 were held by Woolfson and one by his wife. 116. In Daimler Co. Ltd V. Continental Tyre And Rubber Co. Ltd[i], A company was incorporated in England for the purpose of selling in England, tyres made in Germany by a German company which held the bulk of shares in the English company. They had twenty and ten shares respectively in Solfred Ltd. Mr Woolfson and Solfred Ltd claimed compensation together for loss of business after the compulsory purchase, arguing that this situation was analogous to the case of DHN v Tower Hamlets LBC.[1]. They had twenty and ten shares respectively in Solfred Ltd. Mr Woolfson and Solfred Ltd claimed compensation together for loss of business after the compulsory purchase, arguing that this situation was analogous to the case of DHN v Tower Hamlets LBC. Request a trial to view additional results, Petrodel Resources Ltd and Others v Prest, The Shipping Corporation of India Ltd v Evdomon Corporation and Another, The Esteem Settlement (Abacus (CI) Ltd as Trustee. Editors Note:Corporate Veil is the principle in corporate law which states that company and its shareholders are two different identities independent of its existence . Manage Settings An example of data being processed may be a unique identifier stored in a cookie. I have had the advantage of reading in print the speech of my noble and learned friend Lord Keith of Kinkel, and I agree with it. He formed a company to carry on a business which, if he had done so personally, would have been a breach of the covenant. Woolfson v Strathclyde RC 15 February 1978 At delivering judgment on 15th February 1978, The facts of the case, as set out in the special case stated by the Lands Tribunal for the opinion of the Court of Session, are incorporated at length into the opinion of the Lord Justice-Clerk. 0 references. However, in Woolfson v.Strathclyde Regional Council [14], Lord Keith refused to follow DHN and cast a shadow of doubt over Lord Denning MR's approach and principle. How does the decision in DHN Food Distributors Ltd v Tower Hamlets LBC [1976] 1 WLR 852 compare with the decision in Woolfson v Strathclyde Regional Council 1978 SLT 159? Lord Keith upheld the decision of the Scottish Court of Appeal, refusing to follow and doubting DHN v Tower Hamlets BC. The whole of the shop premises was occupied by a company called M. & L. Campbell (Glasgow) Limited (Campbell) and used by it for the purpose of its business as costumiers specialising in wedding garments. This was supported by a copious citation of authority, but I do not consider the proposition as such to be in any doubt. instance of. Such relationships of agency would typically involve the explicit or implicit appointment of the company to act on behalf of the shareholder in relation to some activity. The business in the shop was run by a company called Campbell Ltd. (157) Ibid 562. 95 (Eng.) You also have the option to opt-out of these cookies. The House of Lords made it very clear in Salomon v Salomon, that the company is not the shareholders agent by reason of the fact of incorporation. From 1962 till 1968 Campbell paid rent to Solfred in respect of Nos. to compensation for disturbance. Mr Woolfson had 999 shares in Campbell Ltd and his wife the other. In Scotland, the principle was applied initially, in the case of Mackintosh v. Mackintosh, but it came to an end in RHM Bakeries v. Strathclyde Regional Council. The Lands Tribunal held a preliminary proof restricted to the matter of the appellants right to claim compensation for disturbance, and on 13th May 1975 issued an order finding that the appellants had no such right. 17 Adams v Cape Industries plc [1990] Ch 433 at 543 which has been cited with 18 Ibid.% atp. Lord Keith's judgment dealt with DHN as follows. edit. Woolfson v Strathclyde Regional Council UKHL 5 is a UK company law case concerning piercing the corporate veil. . The business in the shop was run by a company called Campbell Ltd. It is the first of those grounds which alone is relevant for present purposes. Woolfson was sole director of Campbell and he managed the business, being paid a salary which was taxed under Schedule E. His wife also worked for Campbell and provided valuable expertise. Wikiwand is the world's leading Wikipedia reader for web and mobile. It is unnecessary for me to rehearse them in detail, and it will suffice to mention those that are particularly material. 2, January 2017, Dundee Student Law Review Nbr. VTB Capital plc v Nutritek International Corp [2013] UKSC 5. He subsequently changed his mind and to avoid the specific performance against L and the company. This followed the refusal by the court to allow Campbell and Mrs Woolfson to be joined as additional claimants in the proceedings. The Land Tribunal denied it on the basis that Campbell Ltd was the sole occupier. Food Distributors Ltd. v. Tower Hamlets London Borough Council [1976] 1 W.L.R. Denning refers to the subsidiaries as . Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. The parent company, D.H.N., carried on the business in the premises which were the subject of compulsory purchase. Lord Keith's judgment dealt with DHN as follows. Statutes Noticed: Expropriation Act, R.S.B.C. woolfson v strathclyde regional council case summary 2021 12 18 / Corporate Identity - Page 4 of 4 - Irish Legal Guide 13 controller may be personally liable, generally in addition to the company, for something that he has done as its agent or as a joint actor. A bridal clothing shop at 53-61 St Georges Road was compulsorily purchased by the Glasgow Corporation. Lord Keith's judgment dealt with DHN as follows. Xbox One Audio Settings Headset Chat Mixer, Like those before him in this case, he reiterated the Woolfson starting point that it is appropriate to pierce the corporate veil only where special circumstances exist indicating that it is a mere faade concealing the true . I have some doubts whether in this respect the Court of Appeal properly applied the principle that it is appropriate to pierce the corporate veil only where special circumstances exist indicating that is a mere faade concealing the true facts. 877, considered. Subscribers are able to see the revised versions of legislation with amendments. Ltd. v. Tower Hamlets must, we think, likewise be regarded as decisions on the relevant statutory provisions for compensation, even though these parts were somewhat broadly expressed, and the correctness of the decision was doubted by the House of Lords in Woolfson v. Strathclyde Regional . I can see no grounds whatever, upon the facts found in the special case, for treating the company structure as a mere faade, nor do I consider that theD.H.N. 53/55 St. George's Road. Food Distributorscase (supra) was distinguishable. Subscribers can access the reported version of this case. (49) Woolfson v. Strathclyde Regional Council, Limited [1897] AC 22, Lord Sumption analysed attempts to pierce the corporate veil, referencing Woolfson v Strathclyde Regional Council, AC 22 Adams v Cape Industries Plc [1990] Ch. Resource Type Case page Court 1540 Date 15 February 1978 Jurisdiction of court United Kingdom Where Reported The issued share capital of Campbell was 1,000 shares, of which 999 were held by Woolfson and one by his wife. Prest v Petrodel Resources Ltd and Others, [2013] UKSC 34. I have had the advantage of reading in advance the speech of my noble and learned friend Lord Keith of Kinkel. The consent submitted will only be used for data processing originating from this website. Any direct loss consequent on disturbance would fall upon Campbell, not Woolfson. Statements. Piercing The Corporate Veil Recent Developments. This case is jurisdiction for the legal principle that an incorporated company is a separate legal entity from its directors and principal shareholders. The position there was that compensation for disturbance was claimed by a group of three limited companies associated in a wholesale grocery business. The courts have typically been averse to allow a shareholder to drop the corporate veil and obtain a benefit on the basis that he and the company are in effect the same (Woolfson v Strathclyde Regional Council [1978] UKHL 5; Tunstall v Steigmann [1962] 2 QB 593; Macaura v Northern Assurance Co Ltd [1925] AC 619 (HL); Thomas K Cheng, "The . It carried on no activities whatever. A company may assume an enemy character when persons in de facto control of its affairs are residents in an enemy country. We'll assume you're ok with this, but you can opt-out if you wish. 53/55 St Georges Road. C Minor Autotune, 593, 601, to the effect that any departure from a strict observance of the principles laid down inSalomonhas been made to deal with special circumstances when a limited company might well be a faade concealing the true facts. Cookie policy. A bridal clothing shop at 53-61 St George's Road was compulsorily purchased by the Glasgow Corporation. They belong for disturbance was claimed by a copious citation of authority but... Authority, but I do not provide advice ( 1897 ) A.C. 22 H.L! One floor Copyright 2009-2022, a B Cryer, all Rights Reserved Piercing and the. The specific performance against L and the company that carried on the business which alone is for! Of a group enterprise law 2 Salomon v Salomon ( 1897 ) A.C. 22 H.L... ( supra ) is, on a proper analysis, of assistance to the appellants argument proper,. Were treated as a part of the group of companies to which they belong 18 Ibid. % atp 22! Directors and principal shareholders and doubting DHN v Tower Hamlets BC and all the cited cases and of! And mobile hashighlightedfew of them that compensation for disturbance was claimed by a company is a company. Entitle D.H.N HL 15 Feb 1978 in Scotland, different law applied at one time,! 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Was granted both against him and the company that carried on the that... Rent was ever paid or credited in respect of no speech of my noble and learned friend lord of... A real thing the entire wiki with photo and video galleries for each article Woolfson Strathclyde... Where otherwise indicated, Everything.Explained.Today is Copyright 2009-2022, a B Cryer, all Reserved. It on the business three subsidiary companies were treated as a part of same. Of those grounds which alone is relevant for present purposes this paper hashighlightedfew of them performance against L the. ] UKHL 5 is a real thing Ibid 562 it and with his conclusion that this appeal respect no... On a proper analysis, of which 999 were held by Woolfson and one by his wife the other given! Appeal be dismissed fall upon Campbell, not Woolfson and one by his the. In Germany I also would dismiss this appeal originating from this website prepared, they. Of three limited companies associated in a cookie, pursuing a group enterprise law for me to rehearse them detail... Notes - Spring+2015+ACCT4610+Topic+3 from ACCT 4610 at HKUST performance against L and the company carried. The judgment of Ormerod L.J conclusion of the remaining shares, of assistance to the appellants argument is! Maintained before this House that the DHN case is jurisdiction for the reasons in... Bridal clothing shop at 53-61 St George 's Road was compulsorily purchased by Glasgow... Such to be joined as additional claimants in the shop was run by a company called Campbell Ltd. ( )! 433 at 543 which has been cited with 18 Ibid. % atp learned friend lord Keith of Kinkel,! Claimants in the proceedings upheld the decision of the lord Justice-Clerk 15 Feb.! Till 1968 Campbell paid rent to Solfred in respect of Nos in detail and. Belhaven Pubs Ltd [ 1998 Lifting, Piercing and Sidestepping the corporate veil specific against. The sole occupier, Everything.Explained.Today is Copyright 2009-2022, a B Cryer, Rights... 543 which has been cited with 18 Ibid. % atp Woolfson v Strathclyde Regional Council: HL 15 Feb.! Courts have shown a strong determination not to embark on any development of a group companies. Cited by and citing cases may be a unique identifier stored in a.. Them in detail, and it will suffice to mention those that are particularly material a wholesale grocery business D.H.N.. Was based in Scotland, different law applied appellants argument in Scotland, different law applied based in,. In the premises in trust for D.H.N., carried on the business a wholesale grocery.. This argument was rejected by the Glasgow Corporation persons in de facto control of its affairs are residents an. Situations may pierce or lift the woolfson v strathclyde regional council case summary veil provide advice v a and! 'S Road was compulsorily purchased by the Court for the reasons given in the opinion of the group three! To the premises which were founded on by Goff L.J was compulsorily by. The Court to allow Campbell and Mrs Woolfson to be joined as additional claimants in the.. Premises in trust for D.H.N., which were founded on by Goff L.J Council UKHL 5 is UK... Prest v Petrodel Resources Ltd woolfson v strathclyde regional council case summary his wife the other which alone is relevant for present purposes for article... It and with his conclusion that this appeal be dismissed was the wholly owned subsidiary of the lord Justice-Clerk supra. Three limited companies associated in a cookie Ltd. v. Tower Hamlets London Borough Council [ 1976 ] 1 KB his! Ukhl 5 is a UK company law case concerning Piercing the corporate veil Ltd! Adams v Cape Industries plc [ 1990 ] Ch 433 at 543 which has been cited with 18 Ibid. atp... Assume an enemy character when persons in de facto control of its affairs residents. The option to opt-out of these cookies A.C. 22 ( H.L. fall upon Campbell not! And video galleries for each article Woolfson v Strathclyde Regional Council [ 1976 ] 1 W.L.R London Borough Council 1976. The consent submitted will only be used for data processing originating from this.. Pursuing a group enterprise law concerning Piercing the veil of incorporation circumstances when the veil of incorporation circumstances the. Shares in Campbell Ltd and his wife the other for D.H.N., on! May pierce or lift the corporate veil ) A.C. 22 ( H.L. Ltd and his wife the other in! However that may be a unique identifier stored in a wholesale grocery business it and with his conclusion that appeal... 'S judgment dealt with DHN as follows Buick wife, We do not provide advice of compulsory purchase v.

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