Thursday, 29 November 2012

UK: The company's separate legal personality and family proceedings - Supreme Court to hear Petrodel appeal

Last month, as noted here, the Court of Appeal gave judgment in Petrodel Resources Ltd v Prest [2012] EWCA Civ 1395. The majority provided a strong endorsement of the company's separate legal personality and its application in family proceedings. Indeed, Rimer LJ stated: "... the separate corporate identity of a company is a fact of legal life that all courts are required to recognise and respect, whatever jurisdiction they are exercising". The Court of Appeal granted permission to appeal and the Supreme Court has announced that it will hear the case in early March next year: see here (details will not remain on this linked page permanently but in due course further information will be available on the court's current cases page).

Update (2 January 2013) - the Supreme Court has set aside a couple of days in March 2013 to hear the case: see here (pdf).

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