ABSTRACT

It has become the accepted wisdom to separate out company law from the law of trusts and to treat the two as completely distinct areas of law. The reason for this distinction is that the company has its own legal personality under English law as a result of the House of Lords decision in Saloman v Saloman (1897). With that has come an ideology as to the distinct nature of the company and a separation of the personality of this legal fiction from the personality of its shareholders, employees, creditors and directors. It is usual to talk of the company as part of the law of persons and as something distinct from the law of trusts or of equity.