면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Company Law
Court of Appeal
1933

Gilford Motor Co Ltd v Horne

[1933] Ch 935

판결 이유

The corporate veil will be pierced where a company is used as a device or stratagem to evade an existing legal obligation, such as a restrictive covenant.

사실관계

Horne was a former managing director of Gilford Motor, bound by a non-solicitation covenant. He incorporated a company and used it to solicit Gilford's customers, circumventing the covenant.

판결 요약

The Court of Appeal pierced the corporate veil. The company was formed as a device to mask Horne's activities and evade his contractual obligations. An injunction was granted against both Horne and the company.

주요 인용문

"The company was formed as a device, a stratagem, in order to mask the effective carrying on of a business of Mr E.B. Horne."

Lord Hanworth MR

후속 처리

Good law

Classic example of veil-piercing for evasion. Approved in Prest v Petrodel [2013] as an illustration of the evasion principle.