词条 | Creasey v Breachwood Motors Ltd |
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| name = Creasey v Breachwood Motors Ltd | court = | image = | date decided = | full name = | citations = [1993] BCLC 480 | judges = | prior actions = | subsequent actions = | opinions = | transcripts = | keywords = }} Creasey v Breachwood Motors Ltd [1993] BCLC 480 is a UK company law case concerning piercing the corporate veil. FactsMr Creasey was dismissed from his post of general manager at Breachwood Welwyn Ltd. He claimed that this constituted wrongful dismissal, in breach of his employment contract. However, before he could claim, Breachwood Welwyn Ltd ceased trading, and all assets were moved to Breachwood Motors Ltd, which continued the business. Other creditors were paid off, but no money was left for Mr Creasey's claim, which was not defended and held successful in an order for £53,835 against Breachwood Welwyn Ltd. Mr Creasey applied for enforcement of the judgment against Breachwood Motors Ltd and was successful. Breachwood Motors Ltd appealed. JudgmentMr Richard Southwell lifted the corporate veil to enforce Mr Creasey's wrongful dismissal claim. He held that the directors of Breachwood Motors Ltd, who had also been directors of Breachwood Welwyn Ltd, had themselves deliberately ignored the separate legal personality of the companies by transferring assets between the companies without regard to their duties as directors and shareholders. SignificanceThe case was heavily doubted by the Court of Appeal in Ord v Belhaven Pubs Ltd.[1] See also{{Clist personality}}
Notes1. ^[1998] 2 BCLC 447 ReferencesExternal links 5 : United Kingdom company case law|United Kingdom corporate personality case law|United Kingdom labour case law|1993 in case law|1993 in British law |
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