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17 October 2009 / Victoria Von Wachter
Issue: 7281 / Categories: Features , Employment
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The corporate veil

Victoria von Wachter explores how far courts will go to avoid lifting the corporate veil

Since the 19th century ruling in Salomon v Salomon [1874] AC 22 which stated companies were legal entities and a court had no business peering beneath the veil of incorporation to see what was happening there, the rule has been revisited and reinforced over the decades in cases such as Adams v Cape Industries plc [1990] 1 Ch 443, [1991] 1 All ER 929 and in the more recent past. However, the sanctity of the legal integrity and identity of companies has been protected with vigour by the courts which have a strong disinclination for anyone, let alone them, peering under the skirts of a company to examine its linen (dirty or otherwise). In Adams the Court of Appeal expressly declined to “pierce the veil of incorporation” even when it was alleged that the corporate structures with respect to a subsidiary had been created purely to place liability most advantageously for the parent company.

In Allen v Amalgamated Construction

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

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Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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