Resumen de Attributing Shareholders’ Knowledge: Corporate Attribution one Step Further? (Julien v Evolving Tecknologies)
In Julien v Evolving Tecknologies and Enterprise Development Co Ltd , 1 the Privy Council faced the question whether a claim by a limited company against its former directors was time-barred under a limitation statute because the knowledge or discoverability of the breach by the company’s sole shareholder could be attributed to the company. As recognised by Lord Briggs, who delivered the judgment of the Privy Council, “this is a point of potentially wide application and real importance”. 2 This is especially so since the limitation provision in that case, s.14 of the Limitation of Certain Actions Act 1997 of Trinidad and Tobago, is materially identical to the English Limitation Act 1980, s.32. 3 Furthermore, there was no suggestion that the applicable limitation or company law of Trinidad and Tobago differs materially from that of England or of the other main common law jurisdictions. Also, since companies now frequently have sole shareholders. 4 Julien is yet another of the many recent cases faced by the highest courts in the Commonwealth on the attribution of acts and knowledge to companies in recent years.
