Source: All England Reporter
Publisher Citation: [2012] All ER (D) 227 (May)
Neutral Citation: [2012] EWHC 1481 (Ch)
Court: Chancery Division
Judge:

Nicholas Strauss QC (sitting as a deputy judge of the High Court)

Representation Adam Deacock (instructed by Moon Beever) for the claimant.
  Salim Merali (solicitor advocate) instructed by Davidson Merali & Co for the third defendant.
  Daniel Margolin (instructed by Howes Percival LLP) for the seventh defendant.
  The first, second and fourth to sixth defendants did not appear and were not represented.
Judgment Dates: 29 May 2012

Catchwords

Company - Corporate personality - Lifting corporate veil - Deceased providing money to purchase property - Property subsequently being transferred to first defendant company - Deceased being convicted of evading payment of excise duty and VAT - Deceased subsequently participating in similar fraud acting as director of claimant company - Revenue and Customs Commissioners (Commissioners) raising assessment against claimant - Commissioners being granted winding-up order against claimant - Claimant's liquidator seeking to pierce corporate veil in respect of transfer of property to claimant - Whether deceased being true owner of property.

The Case

Company Corporate personality. The Chancery Division held that the claimant company's liquidator was entitled to pierce the corporate veil as the purpose of transferring certain property to the first defendant company had been to conceal the deceased's ownership until the liabilities arising out of his fraudulent activities had been resolved.

Practice Areas

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