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Words: | Submitted: Tue Jun 20 2006
... S Ltd's assets have been transferred to P Ltd and that S Ltd has been struck off the register of companies. In Gilford Motor Co Ltd v Horn [1933] the court lifted the corporate veil on the grounds that the company was trying to avoid the impact of an order of the court. This was overruled in Ord v Bellhaven Pubs Ltd (1998). In the particular case M will probably not be able to pierce the corporate veil because the transfer of the assets might have been transferred before the judgment and the company was not a sham. The main remedy that M could claim is under s.243 the Insolvency Act 1986 in order for the court to force P Ltd to return the assets to S Ltd and pay damages to M. Moving on, when T Ltd was in financial difficulty H plc gave the bank a letter reassuring that T ...
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