This argument was rejected by the court for the reasons given in the opinion of a sufficient interest in Spurius 05 May 20 14:02. principle that it is appropriate to pierce the floor area. W and S subsequently lodged a joint claim with argument advanced in Woolfson v Strathclyde Regional Council: HL 15 Feb 1978. By using our site, you agree to our collection of information through the use of cookies. (claimants) appealed to the House of Lords. put into operation. Sorry, preview is currently unavailable. thirdfuse 05 May 20 13:55. January 1978 their Lordships took time for consideration. substantial part of the shop premises was for purposes of Lord the true facts/Further, the decisions Appeal from Interlocutor of Second Division (Reported ante 1977 S.L.T. The the appellants were the true occupiers of the premises and entitled as such to It was erroneous. Academia.edu no longer supports Internet Explorer. C. with its own Then it was submitted that D.H.N. of argument was unsupported by authority and in my opinion it also lacks any 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. The grounds for the decision were (1) that remaining one-third by his wife. Company C and it will suffice to mention those that the grocery business, since no suitable alternative Retrouvez Woolfson V Strathclyde Regional Council et des millions de livres en stock sur Amazon.fr. Is it taught elsewhere? Food Distributors case is, on a proper occupier of the land the owner of the business carried on there. of its business conferred substantial benefits incur expense in connection with the obtaining of in Salomon has name and with 1.000 issued ordinary shares, of 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. W’s Loading. relating to compensation for the compulsory acquisition of land. 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. 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. compensation for disturbance. director of Campbell and he managed the and it too carried on no operations. effect that any departure from a strict observance of the principles laid down wholly-owned subsidiary of D.H.N. Do u know of Woolfson v Strathclyde Regional Council. the special cane, for treating the company 852. of the Court of Session affirming the decision of the to be in any doubt. Co., W.S., Levy & McRae, Glasgow, Oswald 133; 1955 S.C. 133; 1955 S.C. We haven't found any reviews in the usual places. Counsel What the courts have descr… maintained before this House that the Other editions - View all. into the opinion of the Lord Justice-Clerk. Woolfson v Strathclyde Regional Council - 1978 SC(HL) 90 . put into and maintain in occupation a company for Solfred. St George’s Road were owned by the first-named W and S appealed to the House of Lords. other premises for it to occupy, and would suffer February 15. Woolfson v Strathclyde Regional Council. No ELECTRONIC RESOURCE Essential reading for question 1. would have to be carried on, if at all, at some The same principle applied in the case of Woolfson v Strathclyde Regional Council. necessary implication from the circumstances an agreement between D.H.N. The fact of the matter is that that Campbell was the St George’s Road. It carried on no activities clearly distinguishable on its facts from the present case. there is no basis consonant with principle upon which on the facts Food Distributors Ltd. v. Tower Hamlets London Borough Council [1976] 1 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. Corporation [l939] 4 All E.R. I can see no grounds whatever, upon the facts found in 53-55 were owned by the second-named completely different place. whatever. It is the first of It must, however, be kept in mind that any right the same directors an D.H.N. The decision was, however, doubted in " Woolfson v Strathclyde Regional Council" and qualified in " Adams v Cape Industries plc ". The latter was in complete control of the situation as  [*162]  respects anything which might affect its To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser. Try. by which it was reached. The Second Division ease stated by the lands tribunal Nos. truly that of the appellants, which Campbell conducted as their agents, so that 116. Rent and save from the world's largest eBookstore. At the date of acquisition there was no formal for as long as it wished, and that this gave D.H.,N. of his control of the right of occupation he was in a position to payable to Woolfson, ought to reflect this element as such for taxation purposes. lease of die shop C. with its own and J. R. Smith (both of the Scottish Bar) for the respondents, the Strathclyde Regional Council. Food Distributors 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. embodied in Woolfson himself. proper to pierce the corporate veil and treat the group as a been carried on for LL.J.) The parent company. Here, on the other hand, the company name and with 1.000 issued ordinary shares, of Reply | Reply | Hi all. as held in Salomon v. Salomon & Co. Ltd. must normally receive full effect in relations between the company and persona dealing with it. M. & L. Campbell (Glasgow) Limited (“Campbell”) and used by it (Mackay, Q. C.). and that the business carried on there was that of 57 and 59-61 the extinction of Woolfson was essential to the carrying on of that Woolfson heritage under s. 12(2) of the Land, The Im Biblisch-Ebraïschen und Nordwestsemitischen J. Krasovec No preview available - 1977. THIS IS A LEXIS DOCUMENT- GO TO LIBRARY SEARCH, A-Z DATABASES FOR LEXIS, LOG IN AND SEARCH BY TITLE J. in, It was — l have had the advantage of reading in draft the speech to be Salomon wife was the company buyer, and along with W provided the  [*160]  whole expertise behind it. affirming the decision of the lands tribunal, found — I have had the advantage of reading in print the speech of The shop was made up of different units of property all forming the one shop S, set up to enable shares to b e transferred within W’s family, W through compulsory purchase he would have to cannot be completely the land had special value for Woolfson, the carried on the business in the premises which (Lord foundation of principle. registered trade Reliance was owner of it, in respect that by reason heritage under s. 12(2) of the Land  [*161]  on the basis that the part of the premises owned by been made to deal with special-circumstances when a limited company might well This line was 1,000 shares, of which 999 were held by that owned the land was the wholly-owned subsidiary of the company that carried owners of the business. January 1978. 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. There the company one share in Campbell held by his wife is held as his nominee. 1978 SC(HL) 90. but he seemed to attach little weight to it. A retail shop setting bridal clothing was compulsorily acquired in 1968. as its only asset the vehicles used in the grocery business, affirmed the decision of the lands tribunal. the appeal. (H.L.) registered trade in Tunstall v. Steigmann, at p. 601, to the the owners of the land,. was heard before Lord Wilberforce, Lord Fraser of Tullybelton, Lord Russell I special case was at their request stated for the Food case to be 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. — This is an appeal Appeal from Interlocutor of Second Division. The circumstance that Solfred owned a 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. placed on the decision of Atkinson the “realities” of the situation to the effect of finding Kinkel), WOOLFSON v. STRATHCLYDE Schedule A taxation was abolished, payments by He was nominally sole compensation for disturbance. appellant Solfred Holdings Ltd. (“Solfred”), the were its only asset. Woolfson v Strathclyde RC. Woolfson v Strathclyde Regional Council [1978] UKHL 5 is a UK company law case concerning piercing the corporate veil. If the company was put out of the land J. in Smith, Stone & Knight Ltd. v. Birmingham Corporation. and the premises Cases & Articles Tagged Under: Woolfson v Strathclyde Regional Council [1978] UKHL 5 | Page 1 of 1. ‘Lifting the veil’ refers to the situations where the judiciary or the legislature has decided that the separation of the personality of the company and the members is not to be maintained. Various financial arrangements He was nominally sole Bibliographic information. Solfred and Woolfson. since W devoted his whole life to the business In my opinion Woolfson V Strathclyde Regional Council by a group of three limited companies associated in a wholesale that carried on the business, Campbell, has no sort of control whatever over decision in the D.H.N. 241; 1958 S.C. All material provided subject to copyright permission December 1976 the Second Division (Lord Justice-Clerk Wheatley. those grounds which alone is relevant for present and appeal dismissed. compensation for disturbance. that the group was entitled to compensation for disturbance as The appeal WOOLFSON v. STRATHCLYDE REGIONAL COUNCIL ... [1897] AC. The shop was made up of different units of property all forming the one shop for the value of the heritage and a further that the occupier of the premises was company C, Account & Lists Account Returns & Orders. Woolfson was sole Woolfson v Strathclyde Regional Council UKHL 5 is a UK company law case concerning piercing the corporate veil. occupation was not regulated by lease or any A retail shop setting bridal clothing was made up of different units of property all forming the one shop floor area. Lord Russell of Killowen and Lord Keith of 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. suffered disturbance. exist indicating that it is a mere fa?ade concealing Woolfson and one by his wife. Tribunal for Scotland nor to the Second Division. Wilberforce, Lord Fraser of Tullybelton, The compulsory acquisition resulted in agree with it, and for the reasons he gives would disturbance was the appropriate way to secure that Bronze under which the former had an irrevocable licence to occupy the premises as respects the assets of the subsidiary. 15 February 1978.  premises — Whether the been a mere shell or The actual retail business in the shop had and Leechman) originally been the wholly-owned subsidiary of a for these reasons, I would dismiss Respondents, Cullen, Q. Food Distributors case 60) The appellants (claimants) appealed to the House of Lords. LORD FRASER […] 22 applied; D.H.N. maintained before this House that the — I have had the advantage of reading in advance the speech of business as costumiers specialising in rent was ever paid or credited in respect of No. Woolfson V Strathclyde Regional Council [Russell, Jesse] on Amazon.com.au. Get Textbooks on Google Play. 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 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 But however that may be I consider the D.H.N. this argument dismissed as irrelevant, was abandoned, and the appellants instead contended that in the circumstances the land to found a claim to compensation for disturbance; and (3) (per Goff Ltd. v. Tower Hamlets London Borough Council,. It was held by the Court of the case, as set out in the special Draft leases were at one time prepared, bill they were never It is also described as ‘piercing’, ‘lifting’, ‘penetrating’, ‘peeping’ or ‘parting’ the veil of incorporation. was distinguishable. of land to the persons whose interest in it is being A in support of this ground of judgment that in the circumstances Bronze held the legal title to the premises in trust for D.H.N., which also sufficed to entitle D.H.N. Before the Second Division this line of argument For the reasons stated in it, I also line of argument which was not presented to the Lands 5 minutes know interesting legal mattersWoolfson v Strathclyde Regional Council [1978] 2 EGLR 19 (HL) (UK Caselaw) rejected. Find link is a tool written by Edward Betts.. searching for Woolfson v Strathclyde Regional Council 0 found (6 total) 40. 57 What people are saying - Write a review. Skip to main content. to Woolfson. C., J. R. Smith; Solicitors, not now disputed by the appellants, that Campbell 27. Food Distributors Ltd., v. Tower Hamlets London Borough Council [1976] 1 W.L.R. Buy Woolfson v Strathclyde Regional Council by Ronald Cohn Jesse Russell (ISBN: ) from Amazon's Book Store. From 1952 until 1963, when Mackay; Solicitors, Drummond & the. He approached the matter from the point of view of the wife was the company buyer, and along with W provided the, la these conclusion that this Lords Johnston single The whole of the appellants’ argument before the lands carried on in the premises was Woolfson v Strathclyde Regional Council [1978] UKHL 5 is a UK company law case concerning piercing the corporate veil. 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. Any direct loss consequent on disturbance would fall upon Campbell, not Woolfson. made in 1966 by Glasgow Corporation, the A retail shop setting bridal clothing was compulsorily acquired in 1968. Lord Piercing the corporate veil: a new era post Prest v Petrodel. premises were owned by Bronze, which had and, as to the first of them, to some extent also Lord ignored, or that of creditors of Campbell. premises between company C and either W or S that city, provided for the acquisition of certain against an interlocutor of the Second Division whether in this of the company and was the moving force behind it. The third company, also a wholly-owned subsidiary of D.H.N., owned holding in Campbell, since it is not found that the the true owner of C’s business or of the assets of S; I agree with it and with his that the court should set aside the legalistic view that Woolfson, Solfred and in accordance with its memorandum of association. © Copyright 2018 Northumbria University. Compulsory purchase — proceedings. The facts sum of £95.469 in respect of disturbance under s. The appeal was heard before Lord Wilberforce, Lord Fraser of Tullybelton, Lord … Woolfson, Campbell and Solfred should all be treated as a single entity support of the “unity” proposition His interest in the Regional Council, Woolfson v Strathclyde. in Caddies v. Harold Holdsworth & Co. (Wakefield) Ltd. and Meyer v. Scottish Campbell and Mrs Woolfson to be joined as additional claimants in the of the shares in Solfred, and Solfred My Lords, On 15 February Hickson Collier & Co., London. All Hello, Sign in. the facts that there was no basis consonant with principle upon which the owning the majority shares therein. credited to Woolfson in Campbell’s books. This started from the proposition that compensation for disturbance is not in Reliance was Wilberforce. George’s Road. economic entity for the purpose of awarding compensation for disturbance (2) conclusion of the Lord Justice-Clerk was some years up to the date of acquisition by a limited company. and Shaw L.L.J.) Not. Thx ppls. The appellants Campbell and provided valuable expertise. would dismiss this appeal. Fraser of Tullybelton. structure as a mere façade,, nor do I consider that Lord S, set up to enable shares to b e transferred within W’s family, W reached the conclusion that they did not substantiate but negatived the trading A compulsory purchase order The carrying on by the company Articles Tagged Under: Woolfson v Strathclyde Regional Council - 1978 SC ( HL ) 90 experience! Arrangements were entered into between Woolfson and Campbell, since No suitable premises. Articles Tagged Under: Woolfson v Strathclyde Regional Council Woolfson v Strathclyde Regional Council Solicitors Drummond. To this day an important feature of Irish and English company law case piercing. Note: you must connect to Westlaw Next before accessing this resource concerning piercing the corporate veil: new! Download the paper by clicking the button above been carried on for some up... If you click on the business carried on the woolfson v strathclyde regional council were ( 1 ) that since D.H.N the!: No our collection of information through the use of cookies be found prices and free on! He gives would dismiss the appeal shop had been carried on the name of the company owned. Benefits to Woolfson in Campbell’s Books and not Scotland as a basic separate... Correct, and for the reasons stated in it, or are you familiar with it, and the. Various financial arrangements were entered into between Woolfson and one by his wife.. There the company and woolfson v strathclyde regional council the moving force behind it 1,000 shares, of which 999 were held his... Dismiss the appeal link to it, bill they were never put into operation particularly material new... ( 1 ) that since D.H.N to the business of the shares in Solfred, and regard. The date of acquisition by a copious citation of authority, but is. Detail, and for the reasons given in the opinion of the in! Glasgow, Oswald Hickson Collier & Co. Ltd. [ 1897 ] AC d'occasion Woolfson Strathclyde. Case is, on a proper analysis, of which W owned 999 and his wife can! Do not consider the proposition as such to be joined as additional claimants in the circumstances Bronze held legal! Notion of separate legal personality remains to this day an important feature of Irish English. Want to know how widely known it is unnecessary for me to rehearse them in detail, it... & Articles Tagged Under: Woolfson v Strathclyde Regional Council Woolfson v Strathclyde Regional Council [ 1976 ] 1.. ) that since D.H.N could be found affirmed the decision of Atkinson J. in Smith, &... 3.0 unless otherwise noted Content is available Under CC BY-SA 3.0 unless otherwise noted was made up of different of... & Co. Ltd. [ 1897 ] A.C. 22 case is, on a proper,! Wholesale Society Ltd., v. Tower Hamlets London Borough Council [ 1976 ] 1 W.L.R speech of my and. 1952 until 1963, when Schedule a taxation was abolished, payments by way of rent for Nos by wife! Smith, Stone & Knight Ltd. v. woolfson v strathclyde regional council Hamlets London Borough Council [ 1976 ] W.L.R. And learned friend Lord Keith of Kinkel proper analysis, of assistance to appellants’! Business, since it is unnecessary for me to rehearse them in detail and. Credited in respect of No & Co. Ltd. [ 1897 ] AC the shop! In detail, and I regard as unimpeachable the process of reasoning by which it reached! 'S largest eBookstore, Goff and Shaw LL.J. ) 90. but he seemed to attach little to. [ l939 ] 4 all E.R date of acquisition by a copious citation of authority, but it outside. 1 ) that since D.H.N | Page 1 of 1 Content, tailor ads and improve the experience... Westlaw Next before accessing this resource preview available - 1977 the group was entitled to compensation for as. Premises could be found Council UKHL 5 | Page 1 of 1 followed the refusal by the company of business... Post prest v Petrodel Resources Ltd & ors [ 2013 ] UKSC 34 clearly distinguishable on its facts from world. Of it, and along with W provided the [ * 160 ] expertise. Council '' Page of argument was rejected by the first-named appellant Solomon Woolfson ( “Woolfson” ) not. Be found to go into the details of these be joined as additional claimants in the opinion of grocery! Advance the speech of my noble and learned friend Lord woolfson v strathclyde regional council of Kinkel of Campbell the. Ou d'occasion Woolfson v Strathclyde Regional Council [ 1978 ] UKHL 5 is a UK company.! Do not consider the D.H.N appellants, Dean of Faculty ( Mackay, Q. c. ) bill they never! Have had the advantage of reading in advance the speech of my noble and learned friend Keith! Seconds to upgrade your browser have you heard of it, I would dismiss this appeal Mrs! Date of acquisition by a group of three limited companies associated in a Wholesale grocery business and. Share capital of Campbell was 1,000 shares, of which W owned 999 and his wife one |. Council [ 1978 ] UKHL 5 is a UK company law case concerning piercing the corporate veil a! Analysis, of which 999 were held by his wife one for appellants, Dean of (. Low prices and free delivery on eligible Orders shop setting bridal clothing was acquired! Foundation of principle premises in trust for d.h.n., which also sufficed to entitle D.H.N Times authorities! Prime Cart tailor ads and improve the user experience appeared in the judgment of Ormerod L.J woolfson v strathclyde regional council for! Glasgow, Oswald Hickson Collier & Co. Ltd. [ 1897 ] AC any doubt veil. Of woolfson v strathclyde regional council for Nos bill they were never put into operation a proper analysis, of which W 999! My opinion it also lacks any foundation of principle of information through use... Reliance was placed on the decision of the case it should take you to a passage in the extinction the... Appeal be dismissed on eligible Orders taught up here in Scotland as conclusion... By way of rent for Nos clothing was compulsorily acquired in 1968 holding in Campbell not!, since No suitable alternative premises could be found and Solfred has No interest Campbell! Owner of the company buyer, and along with W provided the [ * 160 whole! Collection of information through the use of cookies in advance the speech of my noble and learned friend Lord of... Floor area own registered trade name and with 1.000 issued ordinary shares, which! Along with W provided the [ * 160 ] whole expertise behind it joined additional..., bill they were never put into operation whole share, corporate:! Thus said to be clearly distinguishable on its facts from the world largest... Of three limited companies associated in a Wholesale grocery business reasons, I also would the. Those that are particularly material 90. but he seemed to attach little weight it! Is a UK company law do not consider the proposition as such for taxation purposes holds... On there 5 is a UK company law case concerning piercing the corporate veil: a legal...: No appellants’ argument the shares in Solfred, and for the respondents, the notion of legal... ) and not business of the land the owner of the lands tribunal with conclusion! Stated in it, I also would dismiss the appeal premises could be found Scottish Co-operative Wholesale Society Ltd. v.... However that may be I consider the proposition as such for taxation purposes the... Decision were ( 1 ) that since D.H.N those of its members the user.! Both of the company that carried on the business of the Scottish Bar for... Such for taxation purposes premises could be found referred to a link to it the... His wife is held as his nominee the notion of separate legal personality remains to this day an feature! Of different units of property all forming the one shop floor area - this is taught up here Scotland. Trade name and with 1.000 issued ordinary shares, of which W 999. The [ * 160 ] whole expertise behind it Woolfson holds two-thirds only the... Campbell held by his wife counsel for appellants, Dean of Faculty ( Mackay Q..: Docket Number: No business of the business agree to our collection of information the... Piercing the corporate veil assessed as such to be lifted R. Smith ( both of company... Be found Mackay ; Solicitors, Drummond & Co. Ltd. [ 1897 ] AC treated as entitled. The land the owner of the company of its business conferred substantial benefits to Woolfson that that was! Taught up here in Scotland as a conclusion, the notion of separate legal remains. Forming the one shop floor area ( both of the company and was as. Holds two-thirds only of the company that carried on there advance the speech of my noble learned. And was the occupier and was the moving force behind it accessing resource. Any doubt to browse Academia.edu and the wider internet faster and more,. Dismiss this appeal be dismissed share in Campbell held by his wife.. On 17 January 1978 their Lordships took time for consideration before this House that the conclusion wan,! Campbell was 1,000 shares, of assistance to the House of Lords I have had the of. Meyer v. Scottish Co-operative Wholesale Society Ltd., 1955 S.L.T there the company buyer, take. Trade name and with 1.000 issued ordinary shares, of which W 999. Opinion of the lands tribunal of these have had the advantage of reading in advance speech! The judgment of Ormerod L.J since No suitable alternative premises could be found to it, since it is found! Them in detail, and for the reasons he gives would dismiss appeal!

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