United Kingdom combinationseparate legal personalityunlawful means conspiracy

Taylor v Smyth

[1991] 1 IR 142

JurisdictionUnited Kingdom

CourtSupreme Court of Ireland

Year1991

StatusBinding authority

Key Principle

A company and the individual who wholly controls it remain distinct legal persons capable of combining together, so a controlling shareholder/director can be liable in the tort of conspiracy with the company he controls, and proof of the predominant intention to injure (or use of unlawful means) is required for that tort.

Area of Law

General

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