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16 June 2017 / Alex Fox , Charlotte Hill
Issue: 7750 / Categories: Features
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Wronged parties & parental responsibilities

When can a wronged party pursue a parent company for the actions of its subsidiary in tort? Alex Fox & Charlotte Hill provide an update

  • It is a well-established principle that a company has its own legal personality that is separate from those of its shareholders, directors, parent and/or subsidiary companies.
  • However, while a company will not be liable for the acts of its subsidiary by reason only of its shareholding, it may owe its own duty of care towards the employees of the subsidiaries.
  • There has been a recent raft of English case law which explores whether a wronged party can pursue a parent company for the actions of its subsidiary in tort.

Since Saloman v Saloman & Co Limited [1896] UKHL 1, [1897] AC 22 it has been a well-established principle that a company has its own legal personality that is separate from those of its shareholders, directors, parent and/or subsidiary companies. The court is usually unwilling to look beyond that separate personality to hold the shareholders responsible

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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.

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