Re Darby. ex parte Brougham
| Jurisdiction | England & Wales |
| Year | 1911 |
| Date | 1911 |
| Court | King's Bench Division |
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10 cases
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VTB Capital Plc v Nutritek International Corporation and Others
... ... "Mr Blackett-Ord submitted that it has now become the practice for parties to bring ex parte applications seeking a freezing order by pointing to some dishonesty, and that, he says, is ... ...
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Prest v Petrodel Resources Ltd
...not to compete with his former employers, in the other case a contractual obligation to sell some land to the claimant. In In re Darby [1911] 1 KB 95, on the other hand, the liquidator of a creditor company was permitted to go behind the separate personality of a debtor company registered i......
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VTB Capital Plc v Nutritek International Corporation
...us that, in considering this issue, the court must apply English law. 52 The earliest authority upon which Mr Snowden relied is In re Darby, Ex parte Brougham [1911] 1 KB 95, a decision of Phillimore J. The facts were complicated but, reduced to their essentials, they involved the activiti......
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VTB Capital Plc v Nutritek International Corpn
...the veil of incorporation could have been achieved by a less controversial route —for instance, through the law of agency ( In re Darby, Ex p Brougham [1911] 1 KB 95, Gilford, and Jones v Lipman [1962] 1 WLR 832), through statutory interpretation ( Daimler Company Ltd v Continental Tyre and......
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2 books & journal articles
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DETERMINING SECONDARY LIABILITY: IN SEARCH OF LEGISLATIVE COHERENCE.
...that allows the corporate veil to be pierced where the corporate form has been used to perpetrate a fraud: Re Darby; Ex parte Brougham [1911] 1 KB 95; or for the sole purpose of avoiding an existing legal obligation: Gilford Motor Co Ltd v Horne [1933] Ch 935; Jones v Lipman [1962] 1 WLR 83......
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Company Law
...(see Gilford Motor Co Ltd v Horne[1933] Ch 935) and secondly, cases where the corporate entity was used to perpetrate a fraud (Re Darby[1911] 1 KB 95). Mr Ng”s actions and motives in assuming control of the plaintiffs, even if it was with the view to commencing proceedings against RHB Bank,......