||All England Reporter
|| All ER (D) 370 (Nov)
|| EWHC 2684 (Comm)
||Queen's Bench Division (Commercial Court)
||Ewan McQuater QC and Sonia Tolaney (instructed by Dechert LLP) for the claimant.
||Huw Davies and Shane Doyle (instructed by Watson Farley & Williams) for the third parties.
||28 November 2005
Company - Personality - Lifting corporate veil - Sale of oil to legitimate purchaser - Transaction designed to evade payment of debts by Congo - Whether claimant entitled to third party debt order in respect of sale proceeds.
The claimant was entitled to third party debt orders arising out of a transaction whereby the Congo had attempted to disguise an oil sale as having been concluded by private companies, in the hope of avoiding paying debts awarded in earlier litigation. The claimant was entitled to 'pierce the corporate veil' in the circumstances.
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