[Q] Lifting the corportate veil

evolutionqy7

just looking for an answer i cant seem to find

In what situations can the courts life the corporate veil?

Situations taken from other post

a) Human Characteristics
b) Fraud / avoidance of legal duty
c) Agency
d) Single economic Entity
e) Trust Co.
f) Court injunctions & Orders

can any one explain them a bit more?

Tom Young

What precisely do you want to know?

Is it the concept or when the veil can be lifted? The mechanisms you list are all correct, the other one is where the justice and equity of the case dictate same. The recent enough decision of Laffoy J. in DCC v Fyffees covers this off a little more in detail and was not interfered with by the Supreme Court.

evolutionqy7

i wanted to know when could it be lifted...got notes on it but i cant understand a word of them and i only found these on boards so i get no explanation to it whatsoever...did a search but it seems that the only examples are american or uk based

i had my exam today was hoping some one would answer it before it but ended up doing consumer rights instead

Tom Young

If I might be as bold to suggest that not getting the Irish rule/s about the structure and Separate Legal Personality in Irish Law is somewhat problematic. I have recently been assisting some students who were not properly lectured in this area and fell flat down on the concepts which frankly, are not complicated at all. Granted they might be somewhat confusing, but not complicated.

The UK and Irish positions in relation to SLP/Corp Veil are different, though linked.

Tom

FreudianSlippers

I had a very poor lecturer in this area, but was able to sort it out myself with Courtney's book. OP is casting a rather wide net - I'd suggest having a look in the book and asking some specific questions if you have any.

_JOE_

Tom Young wrote: »

What precisely do you want to know?

Is it the concept or when the veil can be lifted? The mechanisms you list are all correct, the other one is where the justice and equity of the case dictate same. The recent enough decision of Laffoy J. in DCC v Fyffees covers this off a little more in detail and was not interfered with by the Supreme Court.

OP, I suggest you dig out this case first. Laffoy J gives a great summation of the law in this area. Then perhaps look at Courtney's book. It's a little more dense, and contains a lot more information than you need to grasp the area.

Tom Young

http://www.courts.ie/__80256F2B00356A6B.nsf/0/18F91AFE96C32756802571F000535D66?Open&Highlight=0,DCC,Fyffes,~language_en~

Link to the Judgment.

Search for Salomon or veil and it will bring you to the Court's analysis.

The Judgment is very long FYI.

Tom

evolutionqy7

Tom Young wrote: »

If I might be as bold to suggest that not getting the Irish rule/s about the structure and Separate Legal Personality in Irish Law is somewhat problematic. I have recently been assisting some students who were not properly lectured in this area and fell flat down on the concepts which frankly, are not complicated at all. Granted they might be somewhat confusing, but not complicated.

The UK and Irish positions in relation to SLP/Corp Veil are different, though linked.

Tom

OisinT wrote: »

I had a very poor lecturer in this area, but was able to sort it out myself with Courtney's book. OP is casting a rather wide net - I'd suggest having a look in the book and asking some specific questions if you have any.

hmm well our lecturer is dead bloody booring...he dropped us hapes of notes with formal language without proper explanations...didnt show up for half the lectures either...

alot of us were completely confused cause cause of the language barrier...even though were all native English speakers lol...

"what does that word mean?"

"i dont know"

"what about that one?"

"i dont know"

spent half the time studying with a dictionary...

there was meant to be 44 people repeating the exam today...would say half of them quit the course just cause of law (its a motors related course)

Ill have a read on them thanks for the replies

Jev/N

Not to sound like a swat but trust me, learn to check stuff in the textbooks and/or online resources (ie other than boards) as it's a necessity in the latter years of degrees etc.

Tom Young

Jev/N wrote: »

Not to sound like a swat ....

Bloody swats! - Joke.

Last poster is right, although I think the train has left the station!

evolutionqy7

ah well im not sure tbh its not the course is i would want to do...probably gonna try IT Engineering...