Salomon v Salomon and Company

JurisdictionUK Non-devolved
Judgment Date16 November 1896
Judgment citation (vLex)[1896] UKHL J1116-2
CourtHouse of Lords
Date16 November 1896
Salomon (Pauper)
and
A. Salomon and Company, Limited, et e Contra.

[1896] UKHL J1116-2

House of Lords

1

After hearing Counsel as well on Monday the 15th as Monday the 22nd and Monday the 29th days of June last, upon the Original Petition and Appeal of Aron Salomon, of Number 167, Amhurst Road, Hackney, in the county of London, praying, That the matter of the Orders and Judgment set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal of the 28th of May 1895, and also a Judgment and Order of the Chancery Division of the High Court of Justice of the 14th of February 1895, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Orders and Judgment might be reversed, varied, or altered, or that the Petitioner might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the Petition and Cross Appeal of A. Salomon and Company, Limited, praying, That the matter of the Order set forth in the Schedule thereto, namely, the said Order of Her Majesty's Court of Appeal of the 28th of May 1895, so far as regards the words "And this Court, being of opinion that it is unnecessary to make any Order on the said Cross Appeal, doth not think fit to make any Order thereon," might be reviewed before Her Majesty the Queen, in Her Court of Parliament, and that the said Order, so far as aforesaid, might be reversed, and that the Petitioners might have the relief prayed for in the Appeal, or such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the printed Cases respectively of the said A. Salomon and Company, Limited, and the said Aron Salomon, lodged in the said Original and Cross Appeals; and due consideration had this day of what was offered on both sides in these Appeals:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal of the 28th of May 1895, be, and the same is hereby, Reversed; And it is further Ordered, That the said Cross Appeal be, and the same is hereby,...

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1423 cases
21 firm's commentaries
  • UK Supreme Court upholds first successful claim for breach of the "Quincecare" duty financial institutions owe their customers
    • United Kingdom
    • JD Supra United Kingdom
    • 6 Noviembre 2019
    ...paragraph 2 of the judgment. 5 See paragraph 11 of the judgment. 6 As established by the House of Lords in Salomon v A Salomon and Co Ltd [1897] AC 22. 7 Stone & Rolls Ltd v Moore Stephens [2009] UKHL 39. 8 See paragraph 33 of the judgment. 9 As held by the Supreme Court in Bilta (UK) Ltd v......
  • Assumption of Direct Responsibility for a Subsidiary's Liabilities – Is the Corporate Limited Liability Veil in Tatters?
    • United Kingdom
    • JD Supra United Kingdom
    • 9 Agosto 2012
    ...of its members is limited. The concept of the corporate veil derives from Lord Macnaghten's observation in Salomon v A Salomon & Co Ltd., [1897] AC 22, that a 'company is at law a different person altogether from the subscribers to the memorandum'. This concept of separate legal entities ha......
  • Prest – Piercing The Corporate Veil? Or Going Around?
    • United Kingdom
    • Mondaq United Kingdom
    • 24 Junio 2013
    ...Starting with the leading authority on the separation of identities between company and shareholders of Salomon v A Salomon and Co Limited [1897] AC 22, Lord Sumption analysed attempts to pierce the corporate veil, referencing Woolfson v Strathclyde Regional Council 1978 SC(HL) 90, which su......
  • Employees: International Joint Ventures
    • Canada
    • Mondaq Canada
    • 10 Noviembre 2010
    ...shareholders and directors have limited liability. This concept was ingrained in corporate law in the UK case of Salomon v Salomon ([1897] AC 22 (HL)), which continues to be relevant in The content of this article is intended to provide a general guide to the subject matter. Specialist advi......
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137 books & journal articles
  • The Protection Of Seafarers' Wages In Admiralty: A Critical Analysis In The Context Of Modern Shipping
    • Australia
    • Australian and New Zealand Maritime Law Journal No. 22-2, October 2008
    • 1 Octubre 2008
    ...the protection of its creditors (Ant N Sakkoulas, Athens, 2000) 97. 306 The Evpo Agnic [1988] 1 WLR 1090. 307 See eg: Salomon v Salomon [1897] AC 22, 47-54; the Companies Act 1993 (NZ), sections 15 and 97(1). (2008) 22 A&NZ Mar LJ The Protection of Seafarers’ Wages in Admiralty In contrast,......
  • The director's duty to take into account the interests of company creditors: when is it triggered?
    • Australia
    • Melbourne University Law Review Vol. 25 No. 2, August 2001
    • 1 Agosto 2001
    ...1986). See also the comments of the Jenkins Committee: United Kingdom, Report of the Company Law Committee (Cmnd 1749, 1962) [89]. (2) [1897] AC 22. (3) Amongst other things, this allows directors to contract more efficiently. See William Allen, `Ambiguity in Corporation Law' (1997) 22 Dela......
  • International Multiple Derivative Actions.
    • United States
    • Vanderbilt Journal of Transnational Law Vol. 52 No. 1, January 2019
    • 1 Enero 2019
    ...important desideratum of not permitting errant directors to stifle suits arising out of their own wrongdoing."). (28.) Salomon v. Salomon [1897] AC 22 (HL) (firmly establishing the concept of separate legal personality and remains arguably the most important case in the company-law of commo......
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    • United Kingdom
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    • 30 Agosto 2018
    ...in this class of case nor in any other class of case is it open to this court to disregard the principle of Salomon v Salomon & Co Ltd [1897] AC 22. 23.83 The presence test was followed and applied in the case of Bacardi Ltd and Ors v Rente Investments Ltd 80 . In that case, the applicants/......
  • Request a trial to view additional results

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