Source: All England Reporter
Publisher Citation: [2005] All ER (D) 370 (Nov)
Neutral Citation: [2005] EWHC 2684 (Comm)
Court: Queen's Bench Division (Commercial Court)
Judge:

Cooke J

Representation 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.
Judgment Dates: 28 November 2005

Catchwords

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 Case

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.

Practice Areas

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