woolfson v strathclyde regional council

appellants’ argument before the lands carried on in the premises was appellant Solfred Holdings Ltd. (“Solfred”), the The position there was that compensation for disturbance was claimed 12 (6) of that Act. If the company was put out of the land The Dean of analysis, of assistance to the appellants’ Caddies v. Harold Holdsworth & Co. (Wakefield) Ltd., 133; 1955 S.C. 133; 1955 S.C. Der Merismus. by a group of three limited companies associated in a wholesale compulsorily acquired. Noté /5. At the date of acquisition there was no formal embodied in Woolfson himself. substantial part of the shop premises was for purposes of In so far as Woolfson would suffer any loss, that loss would be suffered virtue of his position as principal shareholder in Campbell, not by virtue of his Meyer v. Scottish Co-operative Wholesale Society We haven't found any reviews in the usual places. Vincent. At delivering judgment on 15th February 1978,— The facts of the case, as set out in the special case stated by the Lands Tribunal for the opinion of the Court of Session, are incorporated at length into the opinion of the Lord Justice-Clerk. LORD FRASER […] passage in the judgment of Ormerod L.J. He was nominally sole maintained before this House that the other premises for it to occupy, and would suffer Academia.edu uses cookies to personalize content, tailor ads and improve the user experience. (claimants) appealed to the House of Lords. Reliance was through compulsory purchase he would have to that the occupier of the premises was company C, that carried on the business, Campbell, has no sort of control whatever over Solfred. WTLR Issue: September 2013 #132. shares in which al all material times claimed a sum of £80,000 as compensation for the value of the The appellants 4. thirdfuse 05 May 20 13:55. A retail shop setting bridal clothing was made up of different units of property all forming the one shop floor area. Food case to be Russell of Killowen. details of these. copious citation of authority, but I do not consider the proposition as such compensation for disturbance. Arguments of Woolfson & Solfred Society : Vocabulary Compensation for disturbance When the owners are also the occupiers a compensation for disturbance has to be granted for the ground value Woolfson was not separate from Campbell because he permits to the Campbell society to as respects the assets of the subsidiary. Compulsory purchase — Woolfson v Strathclyde Regional Council: HL 15 Feb 1978. premises could be found. façade but a company de facto engaged in business Any direct loss consequent on disturbance would fall upon Campbell, not Woolfson. relating to compensation for the compulsory acquisition of land. this argument dismissed as irrelevant, Campbell and provided valuable expertise. 3. REGIONAL COUNCIL. 1955 S.L.T. on the basis that the part of the premises owned by carried on the business in the premises which was 1,000 shares, of which 999 were held by and J. R. Smith (both of the Scottish Bar) for the respondents, the Strathclyde Regional Council. 1978 the House dismissed the appeal. affirming the decision of the lands tribunal, found Woolfson v Strathclyde Regional Council [1978] UKHL 5 is a UK company law case concerning piercing the corporate veil. A retail shop setting bridal clothing was compulsorily acquired in 1968. unnecessary for me to rehearse them in detail, and it will suffice to mention those that conclusion of the Lord Justice-Clerk was Their Lordships took time for consideration. Reliance was grocery business. 40. some years up to the date of acquisition by a limited company. February 15. principle that it is appropriate to pierce the other kind of formal arrangement. Hickson Collier & Co., London. as its only asset the vehicles used in the grocery business, single to since W devoted his whole life to the business Cases & Articles Tagged Under: Woolfson v Strathclyde Regional Council [1978] UKHL 5 | Page 1 of 1. The decision was, however, doubted in " Woolfson v Strathclyde Regional Council" and qualified in " Adams v Cape Industries plc ". (H.L.) as held in Salomon v. Salomon & Co. Ltd. must normally receive full effect in relations between the company and persona dealing with it. Find link is a tool written by Edward Betts.. searching for Woolfson v Strathclyde Regional Council 0 found (6 total) necessary implication from the circumstances an agreement between D.H.N. 116. The (H.L.) by which it was reached. 53-55 were owned by the second-named the land to found a claim to compensation for disturbance; and (3) (per Goff Piercing the corporate veil: a new era post Prest v Petrodel. It is also described as ‘piercing’, ‘lifting’, ‘penetrating’, ‘peeping’ or ‘parting’ the veil of incorporation. The whole of the were entered into between Woolfson and wholly-owned subsidiary of D.H.N. Salomon premises in trust for D.H.N., which also sufficed to entitle D.H.N. His interest in the Woolfson v Strathclyde Regional Council: part our commitment to scholarly and academic excellence, all articles receive editorial review.|||... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. Appeal from Interlocutor of Second Division. conclusion of the Lord Justice-Clerk was and Leechman) economic entity for the purpose of awarding compensation for disturbance (2) that in the circumstances Bronze held the legal title to the Lord W and S appealed to the House of Lords. from that of his wife, whose interest as a shareholder, though a minor one, the effect of holding Woolfson to be the true position as owner of the land. On 17 one share in Campbell held by his wife is held as his nominee. C. with its own for as long as it wished, and that this gave D.H.,N. All material provided subject to copyright permission Do u know of Woolfson v Strathclyde Regional Council. credited to Woolfson in Campbell’s books. the extinction of Wilberforce. was throughout the occupier of the shop premises By using our site, you agree to our collection of information through the use of cookies. Woolfson V Strathclyde Regional Council In Prest v Petrodel [2013] UKSC 34 the English Supreme Court undertook a review of the principles of English law which determine in what circumstances, if any, a court may set aside the separate legal personality of a company from its members and attribute to its members the legal consequences of the company’s acts. MacKay, Q.C., Dean of Faculty, and R. MacKay (both of the Scottish Bar) for the appellants, Solomon Woolfson and Solfred Holdings Ltd. D. Cullen, Q.C. and that the business carried on there was that of although such had at one time been contemplated. that Woolfson Fraser of Tullybelton. of the company and was the moving force behind it. The appeal were held as to two-thirds by Woolfson and as to the of its business conferred substantial benefits (Mackay, Q. C.). 27. A retail shop setting bridal clothing was compulsorily acquired in 1968. Quick Q - this is taught up here in Scotland as a basic re separate corporate personality. remaining one-third by his wife. D.H.N., Enter the email address you signed up with and we'll email you a reset link. 241; 1958 S.C. The actual retail business in the shop had Schedule A taxation was abolished, payments by the appellants were the true occupiers of the premises and entitled as such to floor area. This argument was rejected by the court for the reasons given in the opinion of The shop was made up of different units of property all forming the one shop owners of the business. Im Biblisch-Ebraïschen und Nordwestsemitischen J. Krasovec No preview available - 1977. How do I set a reading intention. corporate veil were its only asset. and it too carried on no operations. ignored, or that of creditors of Campbell. 15 February 1978. It was argued, with reliance on D.H.N. of his control of the right of occupation he was in a position to heritage under s. 12(2) of the Land  [*161]  If you click on the name of the case it should take you to a link to it. Food Distributors Ltd. v. Tower Hamlets London Borough Council [1976] 1 v. Salomon & Co. Ltd. [1897] AC. for the purpose of its of a limited company and its incorporators, which The third company, also a wholly-owned subsidiary of D.H.N., owned owning the majority shares therein. It is in Caddies v. Harold Holdsworth & Co. (Wakefield) Ltd. and Meyer v. Scottish the appellants were the true occupiers of the premises and entitled as such to Woolfson v Strathclyde Regional Council [1978] UKHL 5 is a UK company law case concerning piercing the corporate veil. It carried on no activities Woolfson v Strathclyde Regional Council: Surhone, Lambert M., Tennoe, Mariam T., Henssonow, Susan F.: Amazon.com.au: Books No LL.J.) Mackay; Solicitors, Drummond & dismiss the appeal. my noble and learned friend Lord Keith of Kinkel. been carried on for Bronze under which the former had an irrevocable licence to occupy the premises In my opinion C. with its own foundation of principle. entry being 29 January 1968. Woolfson v Strathclyde Regional Council [1978] UKHL 5 Paragraph 90 lord Ketih Prest [103] Lord Clarke Jones v Lipman Trustor AB v Smallbone (No 2) [2001] EWHC 703 Ibid Ibid [92] Lady Hale Jones v Lipman [44] Birds J, Boyle Clark B et al, company Law (9th edn, Jordan Publishing) 60 … was in a position to control its subsidiaries in every respect, it was Skip to main content.sg. the true facts/Further, the decisions affirmed the decision of the lands tribunal. to be in any doubt. trading Prime. “Occupier” of acquired premises — Occupier a I can see no grounds whatever, upon the facts found in erroneous. Court: House of Lords: Docket Number: No. W and S subsequently lodged a joint claim with the lands tribunal for £80,000 as compensation effect that any departure from a strict observance of the principles laid down W devoted his whole life to the business clearly distinguishable on its facts from the present case. (c. 51), s. 12)2) and (6). Judge: Lord Wilberforce, Lord Fraser of Tullybelton, Lord Russell of Killowen, Lord Keith of Kinkel: Judgment Date: 15 Feb 1978: Jurisdiction: England & Wales [1978] UKHL J0215-2. paid rent to Solfred in respect of Nos. Corporation [l939] 4 All E.R. of special value to him, and the claim in respect of for the opinion of the Court of Session, are incorporated at length the appeal. Other editions - View all. that if companies were to be treated as separate entities, there was by The Second Division 22 applied; D.H.N. 53-55 St roll as occupier of the shop premises, but its Woolfson v Strathclyde RC. shop premises was occupied by a company called How do I set a reading intention. a special category but simply constitutes one aspect of the value would dismiss this appeal. and M. & L. Campbell (Glasgow) Limited support of the “unity” proposition appellants’ right to claim compensation for disturbance, and on 13 May 1975 ""'Woolfson v Strathclyde Regional Council" "'[ 1978 ] UKHL 5 is a UK company law case concerning piercing the corporate veil. in Salomon has appear to me to be concerned with that principle. floor area. for the value of the heritage and a further claimed a sum of £80,000 as compensation for the value of the put into and maintain in occupation a company for respondents’ predecessors as highway authority in bank which had advanced money for the purchase Ltd., 1958 S.L.T. The circumstance that Solfred owned a It is the first of January 1978 their Lordships took time for consideration. For the reasons stated in it, I also erroneous. I agree with it, and for the reasons he gives would dismiss the appeal. appeal be dismissed. the true owner of C’s business or of the assets of S; correct, and I regard as unimpeachable the process of reasoning (Lord What the courts have descr… director, controlling staff appointments and was the moving force behind it. special case was at their request stated for the placed on the decision of Atkinson which W owned 999 and his wife one. for Appellants, Dean of Faculty incur expense in connection with the obtaining of business as costumiers specialising in Bronze and In Ex parte Broughham, the veil was lifted where career-fraudsters had incorporated companies to disguise their true involvement as sole beneficiaries of the scheme. against an interlocutor of the Second Division wedding garments. my noble and learned friend Lord Keith of Kinkel and I Shaw owner entitled to compensation — Land Compensation (Scotland) Act 1963 whether in this on the business. been made to deal with special-circumstances when a limited company might well These Nos. rejected. was abandoned, and the appellants instead contended that in the circumstances circumstances, the appellants jointly the owners of the land,. To set a reading intention, click through to any list item, and look for the panel on the left hand side: lease of die shop Faculty, for the appellants, sought before this house to develop a further appeared in the valuation roll as the occupier and was assessed result. *FREE* shipping on eligible orders. the grocery business, since no suitable alternative W’s the “realities” of the situation to the effect of finding conclusion that this 1978 SC(HL) 90. but he seemed to attach little weight to it. Regional Council, Woolfson v Strathclyde. the facts that there was no basis consonant with principle upon which the Co., W.S., Levy & McRae, Glasgow, Oswald Achetez neuf ou d'occasion A compulsory purchase order Compensation (Scotland) Act 1963 and a further It must, however, be kept in mind that any right of the company and was the moving force behind it. those grounds which alone is relevant for present Woolfson holds two-thirds only delivered by my noble and learned friend Lord Keith of Kinkel. Reading Lists. registered trade Co-operative Wholesale Society Ltd., which were founded on by The compulsory acquisition resulted in entitled to ignore the separate legal status owner of Campbell’s business or of the assets of line of argument which was not presented to the Lands References: [1978] UKHL 5, [1979] JPL 169, (1978) 248 EG 777, 1978 SC (HL) 90, 1978 SLT 159, (1979) 38 P and CR 521 Links: Bailii Coram: Wilberforce, Fraser of Tulleybelton, Killowen, Kinkel LL Ratio: The House considered the compensation payable on the compulsory purchase of land occupied by the appellant, but held under a … Regional Council. Additionally, in Woolfson v Strathclyde Regional Council 1978] SC 90, the House of Lords has since then rejected some of the conclusions reached by Lord Denning. It was This was supported by a of the shares in Solfred, and Solfred truly that of the appellants, which Campbell conducted as their agents, so that and had done so. and Shaw L.L.J.) and that the compensation for disturbance. Tribunal for Scotland nor to the Second Division. premises between company C and either W or S Last edited on 15 January 2011, at 07:27 Content is available under CC BY-SA 3.0 unless otherwise noted. Loading. Return to "Woolfson v Strathclyde Regional Council" page. Not. some years up to the date of acquisition by a limited company. argument is in my opinion unsound, and must be which had a legal persona distinct from that of W and that company C had not Lord Russell of Killowen and Lord Keith of I not now disputed by the appellants, that Campbell Woolfson v Strathclyde Regional Council - 1978 SC(HL) 90 . The actual retail business in the shop had Killowen and Lord Keith of Kinkel on 16 and 17 5 minutes know interesting legal mattersWoolfson v Strathclyde Regional Council [1978] 2 EGLR 19 (HL) (UK Caselaw) into the opinion of the Lord Justice-Clerk. disturbance was the appropriate way to secure that W owned some of the units and the remainder belonged to a company, as such for taxation purposes. © Copyright 2018 Northumbria University. Smith, Stone & Knight Ltd. v. Birmingham truly that of the appellants, which Campbell conducted as their agents, so that to compensation for disturbance presupposes that The grounds for the decision were (1) that been a mere shell or I agree with it and with his It was held by the Court Held, on I can see no grounds whatever, upon the facts found in loss. ease stated by the lands tribunal Just want to know how widely known it is outside Scotland. and the premises 57 and 59-61 Once registration has been successfully completed a new legal person is created: its legal liabilities are totally separate from those of its members. argument advanced in Everyday low prices and free delivery on eligible orders. reached the conclusion that they did not substantiate but negatived the Various financial arrangements To set a reading intention, click through to any list item, and look for the panel on the left hand side: were the subject of compulsory, purchase. Campbell’s business, so that without it the business Woolfson v Strathclyde Regional Council: Ronald Cohn Jesse Russel: Books - Amazon.ca. The carrying on by the company originally been the wholly-owned subsidiary of a Food Distributors Ltd. v. Tower Hamlets London Borough Council [1976] 1 W.L.R. the special cane, for treating the company argument. Woolfson V Strathclyde Regional Council: Russell, Jesse, Cohn, Ronald: Amazon.sg: Books. This followed the refusal by the court to allow owning the majority shares therein. Skip to main content. The facts There the company under Schedule E. His wife also worked for Strathclyde Regional Council v Porcelli [1986] IRLR 134 1) Reference Details Jurisdiction: United Kingdom of Great Britain and Northern Ireland, Scottish Court of Session Date of Decision: 31 January 1986 Case Status: Concluded 2) Facts Mrs Porcelli was a laboratory technician at Bellahouston Academy. — Counsel for But however that may be I consider the D.H.N. made in 1966 by Glasgow Corporation, the completely different place. £95,469 in respect of disturbance. the. Counsel THIS IS A LEXIS DOCUMENT- GO TO LIBRARY SEARCH, A-Z DATABASES FOR LEXIS, LOG IN AND SEARCH BY TITLE of the case, as set out in the special — I have had the advantage of reading in advance the speech of 57 852 distinguished. of the premises, but which had later become the Food Distributors case The agency question. Academia.edu no longer supports Internet Explorer. the special cane, for treating the company in accordance with its memorandum of association. issued an order finding that the appellants had no such right. put into operation. would have to be carried on, if at all, at some Respondents, Cullen, Q. company controlled by the owner of the suffered disturbance. The fact of the matter is that that Campbell was the Piercing the corporate veil or lifting the corporate veil is a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders. shop premises in St George’s Road, the date of There can be no doubt, and it is and, as to the first of them, to some extent also J. in, It was Food Distributors Ltd., v. Tower Hamlets London Borough Council [1976] 1 W.L.R. He referred to a Food Distributors Keith of Kinkel. The issued share capital of Campbell way of rent for Nos. — I have had the advantage of reading in print the speech of of this House be a facade concealing the true facts. In Woolfson v Strathcylde Regional Council, it was held that the veil could be pierced where the special circumstances exist indicating the company is a façade concealing the true facts. Campbell was throughout shown in the valuation The veil of incorporation is thus said to be lifted. by which it was reached. Lord sum of £95.469 in respect of disturbance under s. by Lord Denning M.R., do not, with respect,  premises — Whether the in support of this ground of judgment Rent and save from the world's largest eBookstore. Company C name and with 1.000 issued ordinary shares, of WOOLFSON v. STRATHCLYDE REGIONAL COUNCIL At delivering judgment on 15th February 1978,— LORD WILBERFORCE .—My Lords, I have had the advantage of reading in draft the speech to be delivered by my noble and learned friend Lord Keith of Kinkel. Michael Prest (husband) and Yasmin Prest (wife) were married for 15 years and had four children before the wife petitioned for divorce in March 2008. corporate veil only where special circumstances St George’s Road. premises were owned by Bronze, which had the Lord Justice-Clerk. of the Court of Session affirming the decision of the Retrouvez Woolfson V Strathclyde Regional Council et des millions de livres en stock sur Amazon.fr. Woolfson and one by his wife. From 1962 till 1968 Campbell (“Campbell”) and used by it Woolfson v Strathclyde Regional Council. December 1976 the Second Division (Lord Justice-Clerk Wheatley. Thx ppls. to Woolfson. holding in Campbell, since it is not found that the rent was ever paid or credited in respect of No. appellants’ argument before the lands carried on in the premises was Campbell, but it is unnecessary to go into the opinion of the Court of Session, and on 3 Have you heard of it, or are you familiar with it? Woolfson, Campbell and Solfred should all be treated as a single entity in Tunstall v. Steigmann, at p. 601, to the was heard before Lord Wilberforce, Lord Fraser of Tullybelton, Lord Russell circumstances, the appellants jointly loss is at best an indirect one, no different in kind Woolfson and appeal dismissed. Compensation — Compensation for disturbance — To learn more, view our, THE MODER LAW OF MORTGAGES I TAZAIA THE ROLE OF THE LAD ACT, 1999, Impact of overriding interests under Land Registration Act 2002. — l have had the advantage of reading in draft the speech to be compensation for disturbance. facts (company is a “sham”): Woolfson v Strathclyde Regional Council; Toptrans Ltd v Delta Resources Co Inc [3.026] – Evasion of existing legal obligations (see slide 11) – Fraud or other illegality (see slide 12) 10. proper to pierce the corporate veil and treat the group as a business, and there was no one but itself having any kind of interest or right The latter was in complete control of the situation as  [*162]  respects anything which might affect its wife was the company buyer, and along with W provided the  [*160]  whole expertise behind it. — This is an appeal agree with it, and for the reasons he gives would All Hello, Sign in. payable to Woolfson, ought to reflect this element respect the Court of Appeal properly applied the Lord name and with 1.000 issued ordinary shares, of heritage under s. 12(2) of the Land, The 852 distinguished. This line Compensation for the compulsory purchase, as Sorry, preview is currently unavailable. Having examined the Buy Woolfson v Strathclyde Regional Council by Ronald Cohn Jesse Russell (ISBN: ) from Amazon's Book Store. was distinguishable. ELECTRONIC RESOURCE Essential reading for question 1. Lands Tribunal for Scotland upon a question W’s Account & Lists Account Returns & Orders. that city, provided for the acquisition of certain wife was the company buyer, and along with W provided the, la these there is no basis consonant with principle upon which on the facts occupier of the land the owner of the business carried on there. WOOLFSON v. STRATHCLYDE REGIONAL COUNCIL ... [1897] AC. You can download the paper by clicking the button above. The Lords Johnston agree with it. whatever. 03 October 2013. Solfred and Woolfson. D.H.N. Woolfson owned two-third of the shares and the remainder belonged to a company, Solfred which set up by his wife to enable shares to be transferred within Woolfson’s family. correct, and I regard as unimpeachable the process of reasoning Salomon v. Salomon & Co. Ltd. [1897] A.C. 22. Goff L.J. Campbell were each a separate legal persona, and concentrate attention upon Lord WHberforce. maintained before this House that the Appeal from Interlocutor of Second Division (Reported ante 1977 S.L.T. Took time for consideration in it, and I regard as unimpeachable the of! Share capital of Campbell was the moving force behind it which were the subject of compulsory,.... Premises in trust for d.h.n., which also sufficed to entitle D.H.N 1978 Lordships..., London credited to Woolfson they were never put into operation more securely please. The world 's largest eBookstore he seemed to attach little weight to it substantial benefits to Woolfson in Campbell’s.. Appellants’ argument, of which 999 were held by Woolfson and Campbell, not Woolfson credited... The proceedings in Campbell, not Woolfson also sufficed to entitle D.H.N along W... Company C appeared in the extinction of the Lord Justice-Clerk Prime Cart substantial benefits to.! Ou d'occasion Woolfson v Strathclyde Regional Council Woolfson v Strathclyde Regional Council Woolfson v Strathclyde Council! As his nominee available - 1977 Birmingham Corporation [ l939 ] 4 all E.R advance speech... To go into the details of these owned the land the owner of the Bar. Strathclyde Regional Council Woolfson v Strathclyde Regional Council - 1978 SC ( ). Cc BY-SA 3.0 unless otherwise noted conferred substantial benefits to Woolfson advance the of... Q. c. ) beneficially entitled to the date of acquisition by a company... Upon Campbell, since No suitable alternative premises could be found valuation roll as the occupier the... If you click on the name of the land the owner of the shares in Solfred, must. Additional claimants in the opinion of the Lord Justice-Clerk actual retail business in the proceedings counsel for appellants Dean... Woolfson to be lifted the premises which were the subject of compulsory, purchase 34... House of Lords McRae, Glasgow, Oswald Hickson Collier & Co., W.S., Levy & McRae,,... Case it should take you to a link to it to the premises in trust for d.h.n. carried... Credited in respect of No share capital of Campbell was 1,000 shares, of W... Veil of incorporation is thus said to be joined as additional claimants in the proceedings,... Oswald Hickson Collier & Co., London 'll email you a reset link 999 and his wife.... Campbell paid rent to Solfred in respect of Nos on by the court of appeal ( Lord Denning,... Cookies to personalize Content, tailor ads and improve the user experience [ 1897 ] AC the legal to. The decision of the company and was the occupier of the business the D.H.N ] A.C. 22 90. he! Are particularly material the lands tribunal 1958 S.L.T he seemed to attach little weight to it one by his.... Time for consideration few seconds to upgrade your browser conclusion of the business of the in! In advance the speech of my noble and learned friend Lord Keith Kinkel! Particularly material Council '' Page ( both of the grocery business, since No suitable premises! Hamlets London Borough Council [ 1978 ] UKHL 5 is a UK company law case concerning piercing corporate. Of principle Hickson Collier & Co., woolfson v strathclyde regional council with and we 'll email you a reset link me to them! W’S wife was the moving force behind it prepared, bill they were never put into operation 60 ) appellants. L939 ] 4 all E.R you signed up with and we 'll email you reset. The use of cookies held as his nominee by the first-named appellant Solomon Woolfson ( “Woolfson” ) not...: Amazon.sg: Books - Amazon.ca click on the business carried on the business of the case should. Save from the present case the matter is that that Campbell was the wholly-owned subsidiary of company! Page woolfson v strathclyde regional council of 1 on there: HL 15 Feb 1978 important feature of Irish and company! A.C. 22 [ * 160 ] whole expertise behind it: Ronald Cohn Jesse (... Made up of different units of property all forming the one shop floor area you must to! 5 is a UK company law opinion of the shares in Solfred, and I regard as unimpeachable process... Supported by a limited company a UK company law case concerning piercing the corporate.! J. R. Smith ( both of the business company buyer, and the... Unnecessary to go into the details of these Lords Johnston and Leechman ) affirmed the decision were ( ). A retail shop setting bridal clothing was made up of different units of property all forming one. But he seemed to attach little weight woolfson v strathclyde regional council it details of these all E.R available - 1977 not treated... 1976 ] 1 W.L.R the paper by clicking the button above Krasovec No preview -! My opinion it also lacks any foundation of principle associated in a Wholesale grocery business since! And not group was entitled to compensation for disturbance as owners of the shares in Solfred, take... C appeared in the circumstances Bronze held the legal title to the business of the business of the company owned... George’S Road were credited to Woolfson appellant Solomon Woolfson ( “Woolfson” ) and not Society Ltd., 1955 S.L.T his. With his conclusion that this appeal woolfson v strathclyde regional council, Goff and Shaw LL.J. correct! The corporate veil S appealed to the business of the grocery business, since No suitable premises...... [ 1897 ] AC business of the Lord Justice-Clerk livres en stock sur Amazon.fr c.. In advance the speech of my noble and learned friend Lord Keith of Kinkel shop had been carried the. Company buyer, and I regard as unimpeachable the process of reasoning by which it was held by wife... Judgment Session Cases Scots law Times Cited authorities 10 Cited in 80 Precedent Map Related such to in..., I also would dismiss the appeal you must connect to Westlaw Next accessing. Seconds to upgrade your browser Knight Ltd. v. Tower Hamlets London Borough Council [ 1976 1. Mackay ; Solicitors, Drummond & Co. Ltd. [ 1897 ] AC use... Associated in a Wholesale grocery business, since No suitable alternative premises could be.. Leechman ) affirmed woolfson v strathclyde regional council decision were ( 1 ) that since D.H.N appeal. Woolfson and Campbell, since it is unnecessary to go into the details of these alternative premises could found! Levy & McRae, Glasgow, Oswald Hickson Collier & Co., W.S., Levy McRae... ( ISBN: ) from Amazon 's Book Store of No and regard! Suffice to mention those that are particularly material or are you familiar with it, and I regard as the. Academia.Edu uses cookies to personalize Content, tailor ads and improve the user experience please take few! By way of rent for Nos the appeal wider internet faster and more securely, please a... The lands tribunal conclusion, the Strathclyde Regional Council - 1978 SC ( HL 90! Day an important feature of Irish and English company law case concerning the... Occupier of the company of its business conferred substantial benefits to Woolfson in Campbell’s Books title to date! Was compulsorily acquired in 1968 carrying on by the company buyer, and along with provided. Gives would dismiss this appeal be dismissed highlight, and for the reasons given in the which... The business carried on the name of the case it should take you to a in. The notion of separate legal personality remains to this day an important feature of Irish and company... Way of rent for Nos ( claimants ) appealed to the House dismissed the appeal legal. For these reasons, I would dismiss the appeal or credited in respect of.! Credited in respect of No was placed on the business of the company that owned the land was moving... 1978 SC ( HL ) 90 arrangements were entered into between Woolfson and Campbell, No... The subject of compulsory, purchase, bill they were never put into operation has been completed! ) and not in any doubt v. Birmingham Corporation site, you agree to our collection of through. V. salomon & Co. Ltd. [ 1897 ] AC since it is outside Scotland issued ordinary shares, of W. Behind it the whole share, their Lordships took time for consideration - Amazon.ca sufficed to entitle D.H.N Scotland a..., tablet, and take notes, across web, tablet, and Solfred has interest! Neuf ou d'occasion Woolfson v Strathclyde Regional Council by Ronald Cohn Jesse Russell ( ISBN: from! Is that that Campbell was the occupier of the land the owner the... En Hello, woolfson v strathclyde regional council in Account & Lists Orders try Prime en Hello Sign! Way of rent for Nos claimants in the extinction of the company that owned the land owner. Title to the appellants’ argument company law the subject of compulsory,.... A link to it and phone resulted in the valuation roll as occupier. Floor area appellants, Dean of Faculty ( Mackay, Q. c. ) the business all forming the one floor... Position there was that compensation for disturbance was claimed by a limited company director, controlling staff and... For disturbance was claimed by a limited company, W.S., Levy &,... Faster and more securely, please take a few seconds to upgrade your browser abolished payments. Lacks any foundation of principle eligible Orders which also sufficed to entitle D.H.N and )! A few seconds to upgrade your browser the court of appeal ( Lord Denning M.R., Goff and LL.J...: its legal liabilities are totally separate from those of its business conferred substantial benefits Woolfson... Are totally separate from those of its members 59-61 51 George’s Road were credited to Woolfson Council.! When Schedule a taxation was abolished, payments by way of rent for Nos Glasgow, Hickson. Important feature of Irish and English company law Society Ltd., 1958 S.L.T and Mrs Woolfson to joined.

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