Acca f4 global variant flashcards - set 1, practice on line key acca paper f4 terms and definitions gilford motor company v horne click to view the answer ashbury railway carriage and iron co v riche click to view the answer click to view the question it doesn’t matter if all the shareholders in a company agree to a course of. In gilford motor co ltd v horne  ch 935 (ca), horne was employed by gilford james mendelsohn teaches company law at the university of huddersfield a company is a separate legal entity, distinct from its shareholders and directors shareholders are not. In the case of gilford motor co ltd v horne the court found that the veil of incorporation may be lifted in instances were there is evidence of fraud the brief facts of this case are that gilford employed horne as a managing director for a six year term.
Gilford motor company, limited v horne (1933) ch 935 :  all er rep 109(ca) the plaintiff company bought the various parts of motor vehicles from manufacturers, assembled the parts on the company’s premises and sold the products under the name of gilford motor vehicles. The two classic cases of the fraud exception are gilford motor company ltd v horne in which mr horne was an ex-employee of the gilford motor company and his employment contract provided that he could not solicit the customers of the company. In the first case, mr horne was an ex-employee of the gilford motor company and his employment contract provided that he could not solicit the customers of the company in order to defeat this he incorporated a limited company in his wife's name and solicited the customers of the company.
The legal nature of companies page 4 where a company incurs a contractual obligation or a liability in tort, that obligation or liability is the company’s and not an obligation or liability of its shareholders or officers. Gilford motor co ltd v horne: ca 1933 july 28, 2016 dls off company, references:  all er 109,  ch 935 coram: lord hanworth mr, lawrence and romer ljj ratio: the defendant was the plaintiff’s former managing director he was bound by a restrictive covenant after he left them to avoid the covenant, he formed a company and sought to. Setting a reading intention helps you organise your reading you can filter on reading intentions from the list, as well as view them within your profile read the guide . Gilford motor co: lord sumption considered that the injunction against mr horne had been granted under the concealment principle, whilst the injunction against the company had amounted to veil.
Gilford motor co v horne mr horne was an ex-employee of the gilford motor company and his employment contract provided that he could not solicit the customers of the company in order to defeat this, he incorporated a limited company in his wife's name and solicited the customers of the company. Re  1 wlr 711 391 company law xxii table of cases great eastern rly co v turner (1872) lr 8 ch app 149 248 146 grant v cigman  2 bclc 24 192 grant v united kingdom switchback railways co (1888) 40 ch d 135 152 gray’s inn construction co ltd re  bclc 1126 1 gibson’s executor v gibson 1980 slt 2 252 gilford motor co ltd v. Gilford motor co ltd v horne no description by jelena yan on 1 september 2014 tweet bussiness and corporation law gilford motor co ltd v horne plaintiff: gilford motor co ltd yangjing yan no 43372414 defendant: horne background: full transcript more presentations by jelena yan different generation. Gilford motor company ltd v horne  former employee who was bound by a cov not to solicit customers from his former employers set up a company to do so he argued that while he was bound by the cov the company was not.
Gilford motor co vs horne fatimah malmod loading unsubscribe from fatimah malmod salomon vs salomon & co ltd 1897 - duration: 2:01 ariffin roslan 24,755 views 2:01. Judicial lifting: when the corporate form is a 'sham' or 'facade' gilford motor co v horne: - not a typical lifting the veil situation - involved a restraint of trade clause, individual tried to get around it by establishing a. The origins of the gilford motor company can be traced back to the post first world war period, when e b horne set up in business to sell former military chassis, principally of garford manufacture.
Gilford motor company ltd vs horne: i t’s a uk company this is a case where court will treat company and share holders as same facts: 1mr horne wa formerly a managing director of the gilfordd motor coltd 2. Where a company is being used to evade legal duties of the member gilford motor co v horne to recognise the alien enemy character of a company daimler co ltd v continental tyre and rubber co (gb) ltd here the veil is lifted to see if the members of the company are from a country we are at war with. Gilford motor co, ltd v horne and another -  all er rep 109 electronic resource recommended reading for question 1 if you click on the name of the case it should take you to a link to it add to my bookmarks export citation type legal case document web address.
General 1926 the gilford motor co of high wycombe started life as e b horne and co of holloway road, london n7, when it was converting garford war surplus vehicles 1927 the company moved to larger premises at bellfields, high wycombe produced a range of buses and coaches 1937 the company ceased trading when it was taken over by sentinelonly one vehicle is known to have been preserved. These are the sources and citations used to research company law references this bibliography was generated on cite this for me on sunday, january 15, 2017 court case adams and others v cape industries plc and another gilford motor company, limited v horne ch 1, p935 book hannigan, b company law 2012 - oxford university. Fraud/improper purpose: where a company is used as a fraud or a sham by the shareholders to escape liability, the court will lift the corporate veil to make the shareholders liable: gilford motor co ltd v horne. On lord sumption's analysis in gilford motor co v horne relief was granted against mr horne on the concealment principle and against his company on the evasion principle to that extent the corporate veil was pierced.