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09 September 2022 / Dr Mike Wilkinson
Issue: 7993 / Categories: Features , Commercial
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Split (legal) personalities?

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Corporate agents beware: Dr Mike Wilkinson dissects the mistaken belief that individuals running a company are shielded from personal liability for company wrongdoing
  • Those running a company often claim—wrongly—that they cannot be sued personally for their role in any wrongdoing and that any third party dealing with the company can only sue the company itself for the harm they have suffered.
  • While those running a company cannot be sued on a company’s contract, nor expected to give up property belonging to the company (unless the corporate veil is lifted), after the Supreme Court decision in Sevilleja v Marex Financial Ltd there is now no reason in principle why such persons cannot be sued for any wrongdoing they have committed or commissioned as a joint tortfeasor.

Persons dealing with a company often suffer losses at the hands of those running a company. They may wish to sue such persons individually, rather than suing the company itself—especially when the company is insolvent. All too often when such situations arise, misunderstandings abound, and third parties

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Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

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Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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