Company in UK Law

Leading Cases
  • Ebrahimi v Westbourne Galleries Ltd; Re Westbourne Galleries Ltd
    • House of Lords
    • 03 May 1972

    The words are a recognition of the fact that a limited company is more than a mere judicial entity, with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se which are not necessarily submerged in the company structure.

    It would be impossible, and wholly undesirable, to define the circumstances in which these considerations may arise.

  • Caparo Industries Plc v Dickman
    • Court of Appeal (Civil Division)
    • 29 Jul 1988

    He naturally, and rightly, regards the company as his client. It is attached to and forms part of the company's accounts (ss.238 (3) 239). A copy of the company's accounts (including the auditor's report) must be sent to every member (s.240). Any member of the company, even if not entitled to have a copy of the accounts sent to him, is entitled to be furnished with a copy of the company's last accounts on demand and without charge (s.246).

  • Ebrahimi v Westbourne Galleries Ltd; Re Westbourne Galleries Ltd
    • House of Lords
    • 03 May 1972

    But the expressions may be confusing if they obscure, or deny, the fact that the parties (possibly former partners) are now co-members in a company, who have accepted, in law, new obligations. A company, however small, however domestic, is a company not a partnership or even a quasi-partnership and it is through the just and equitable clause that obligations, common to partnership relations, may come in.

  • Tesco Supermarkets Ltd v Nattrass
    • House of Lords
    • 31 Mar 1971

    A living person has a mind which can have knowledge or intention or be negligent and he has hands to carry out his intentions. A corporation has none of these: it must act through living persons, though not always one or the same person. Then the person who acts is not speaking or acting for the company. He is acting as the company and his mind which directs his acts is the mind of the company. If it is a guilty mind then that guilt is the guilt of the company.

  • Meyer v Scottish Co-operative Wholesale Society
    • House of Lords
    • 24 Jul 1958

    "In my view", he said, "the section warrants the Court in looking at the business realities of a situation and does not confine them to a narrow legalistic view.

  • Regal (Hastings) Ltd v Gulliver
    • House of Lords
    • 20 Feb 1942

    The rule of equity which insists on those who by use of a fiduciary position make a profit, being liable to account for that profit, in no way depends on fraud, or absence of bona fides; or upon such questions or considerations as whether the profit would or should otherwise have gone to the Plaintiff, or whether the profiteer was under a duty to obtain the source of the profit for the Plaintiff, or whether he took a risk, or acted as he did for the benefit of the Plaintiff, or whether the Plaintiff has in fact been damaged or benefited by his action.

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Legislation
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Books & Journal Articles
  • Denmark: Company Draining
    • Nbr. 3-1, February 1995
    • Journal of Financial Crime
    • 107-108
    A new phrase has been introduced in Denmark in the field of financial crimes called ‘Company Draining’, and the Public Prosecutor of Commercial Crimes is presently investigating 2,000 cases involvi...
  • Changing Company Law?
    • Nbr. 53-3, May 1990
    • The Modern Law Review
  • Company Law–‐Opposing Oppression
    • Nbr. 22-3, May 1959
    • The Modern Law Review
  • Baan Company.
    • Nbr. 2001, January 2001
    • Financial Management (UK)
    • Johnson, Daniel
    • UK office appoints Keith Simpson - Brief Article
    ...Baan Company has appointed Keith Simpson as its new UK business development director. Following its recent acquisition, Baan is now an integrated part of the Software Systems division of Ivenseys. Previously, Simpson held a business development role ......
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Law Firm Commentaries
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