header-logo header-logo

Split (legal) personalities?

09 September 2022 / Dr Mike Wilkinson
Issue: 7993 / Categories: Features , Commercial
printer mail-detail
93296
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll