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Adams v Cape Industries plc
UK company law case / From Wikipedia, the free encyclopedia
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Adams v Cape Industries plc [1990] Ch 433 is a UK company law case on separate legal personality and limited liability of shareholders.[1] The case also addressed long-standing issues under the English conflict of laws as to when a company would be resident in a foreign jurisdiction such that the English courts would recognise the foreign court's jurisdiction over the company. It has in effect been superseded by Lungowe v Vedanta Resources plc,[2] which held that a parent company could be liable for the actions of a subsidiary on ordinary principles of tort law.
Adams v Cape Industries plc | |
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Court | Court of Appeal |
Citations | [1990] Ch 433, [1991] 1 All ER 929, [1990] 2 WLR 657, [1990] BCLC 479, [1990] BCC 786, [1990] 11 LS Gaz R 36, (1989) Times, 11 March |
Court membership | |
Judges sitting | Slade LJ, Mustill LJ and Ralph Gibson LJ |
Keywords | |
Separate legal personality, limited liability |
The decision's significance was also limited by the House of Lords decision in Lubbe v Cape plc and the groundbreaking decision in Chandler v Cape plc, holding that a direct duty may be owed in tort by a parent company to a person injured by a subsidiary.