Re Darby. ex parte Brougham

JurisdictionEngland & Wales
Year1911
Date1911
CourtKing's Bench Division
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10 cases
  • VTB Capital Plc v Nutritek International Corporation
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 20 June 2012
    ...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......
  • VTB Capital Plc v Nutritek International Corporation and Others
    • United Kingdom
    • Chancery Division
    • 29 November 2011
    ... ... "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 ... ...
  • Prest v Petrodel Resources Ltd
    • United Kingdom
    • Supreme Court
    • 12 June 2013
    ...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 ......
  • VTB Capital Plc v Nutritek International Corpn
    • United Kingdom
    • Supreme Court
    • 6 February 2013
    ...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 a......
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2 books & journal articles
  • DETERMINING SECONDARY LIABILITY: IN SEARCH OF LEGISLATIVE COHERENCE.
    • Australia
    • Melbourne University Law Review Vol. 43 No. 1, August 2019
    • 1 August 2019
    ...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......
  • Company Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2001, December 2001
    • 1 December 2001
    ...(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,......

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