Seperate Legal Personality

Order Description

“The threshold problem that arises from the fact there is no common, unifying principle which underlies the occasional decision of the courts to pierce the corporate
veil. Although an ad hoc explanation may be offered by a court which so decides, there is no principled approach to be derived from the authorities.”

Briggs v James Hardie & Co Pty Ltd [1989] 16 NSWLR 549 per Rogers AJA at p. 567.

Citing relevant case law and statute in your answer, critically discuss the above statement in light of the manner in which the principle of separate legal personality
has been traditionally applied by the courts in Ireland and England, with particular reference to the circumstances in which it may be disregarded.

Submission Information and Presentation Guidelines

The submitted assignment should be 2,500-3,000 words in length. This does not include reasonable footnotes.

Referencing must be in accordance with the OSCOLA referencing system.

Assignments should be typed in Size 12, Times New Roman Font, 1.5 spacing and justified.