Solomon

Question 1

Define SLP

Answer 1

Legal Principle, company distinct entity from its members

Question 2

Lee -v- Lees Air Farm

Answer 2

Widow - SLP entitled to pension

Question 3

McCaura -v- Fire Insurance

Answer 3

No member is entitled to asset of company - Terrorist attack - SLP

Question 4

Roundabout -v- Beirne

Answer 4

Picket - nothing wrong with creating new company - SLP the new company was a stranger to the proceedings

Question 5

Exception to SLP

Answer 5

Legislation, Agency, SEE

Question 6

Jones -v- Lipman

Answer 6

Misuse of Corporate Form - Sham, Mask - SP Proceedings

Question 7

Gilford Motors

Answer 7

Misuse - Non compete

Question 8

DPP -v- Rosebury

Answer 8

Health and Safety at work - Directors liable. Pierced the veil

Question 9

Creasey -v- Breachwood

Answer 9

Misuse - Newco - avoid judgement

Question 10

Prest -v- Petrodel

Answer 10

Misuse - Divorce, Fraud, Facade, Sham, True exceptions only

Question 11

Smith Stone and Knight

Answer 11

Test for Agency - was subsid carrying on business for parent or alone. Profit, Appointed, Head Brains, Injected, Skill Direction, Control

Question 12

Adams -v- Cape

Answer 12

Nothing wrong with limiting liability, general law is SLP, Mining

Question 13

Munton Bros

Answer 13

Agency, Closeness, Operated alone

Question 14

Jones -v- Lipman

Answer 14

If using SLP as sham, facade, devise then veil will be pierced

Question 15

Firestone -v- Llewelyn

Answer 15

Agency, Inference Tax evasion

Question 16

Woolfson

Answer 16

General Law is SLP

Question 17

Fyffes

Answer 17

Agency relationship found if to do otherwise would be injustice

Question 18

Single Economic Entity

Answer 18

DHN - Bound hand and foot

Question 19

DHN

Answer 19

Bound Hand and Foot

Question 20

Powers Supermarket

Answer 20

Subsid had no real independent life - look at economic and commercial reality

Question 21

State (McInerney) -v- DCC

Answer 21

SEE - Device, Justice

Question 22

Allied Irish Coal -v- Powell

Answer 22

SEE - Can rely on parent without see, cannot to avoid legal obligations

Question 23

Fyffe -v- DCC

Answer 23

If to do otherwise would be injustice to third party

Question 24

Okpabi -v- Lungrove

Answer 24

SEE - Environmental Liability

Question 25

AAA -v- Unilever

Answer 25

Must link parent/subsid - decisive control

Question 26

Woolfson -v- Strathclyde and Adams -v- Cape

Answer 26

Justice not enough, creature of parent - general law SLP