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JUDGES at Scotland’s highest civil court have rejected an action brought by a Cairneyhill campaigner who sought an order that Holyrood could hold an independence referendum unilaterally. Martin Keatings wanted the Court of Session to rule that the Scottish Parliament had the power to legislate for another indy vote. Lawyers for the activist told Lady Carmichael in January 2021 that they believed the Holyrood Parliament possessed the powers for it to call a referendum. They stated that the Scottish Government did not need the permission of its Westminster counterpart. However, lawyers acting for the UK Government argued that Mr Keatings didn’t have the “standing” to bring the matter to court.
Introduction
A separate legal entity – or rather, a corporate veil – exists to separate a corporate entity from its incorporators upon incorporation. Citing the century-old case
Solomon v A Solomon & Co Ltd,(1) Justice Nallini Pathmanathan stated the following in
Ong Leong Chiou v Keller (M) Sdn Bhd:(2)
The juristic principle comprising the bedrock of company law is the legal fiction that on incorporation, the corporate entity is clothed with a separate and distinct personality. It is a legal person distinct from its members.(3)
It is also well established that the corporate veil can be lifted or pierced when the corporation is used for fraudulent, dishonest and unlawful purposes.
A COURT has rejected a bid by independence campaigner Martin Keatings to appeal to the UK Supreme Court over the People s Action on Section 30 – which aims to show the Scottish Parliament can legislate for indyref2 without “consent” from Westminster. Lady Carmichael had dismissed the action but an appeal to the Inner House of the Court of Session was heard earlier this month, which sought leave to take it to the UK’s highest court. Keatings revealed today that the court had decided not to allow the appeal, but added that the action had “struck a major blow for access to justice as a whole in Scotland”.