The road to Prest v Petrodel: an analysis of the UK judicial approach to The Corporate Veil - part 1

Article


Watkins, L. and Nsubuga, H. 2020. The road to Prest v Petrodel: an analysis of the UK judicial approach to The Corporate Veil - part 1. International company and commercial law review. 31 (10), pp. 547-588.
TypeArticle
TitleThe road to Prest v Petrodel: an analysis of the UK judicial approach to The Corporate Veil - part 1
AuthorsWatkins, L. and Nsubuga, H.
Abstract

This article examines the common law approach to the doctrine of separate legal personality in UK Corporate Law, its origin, development and the challenges encountered by judges in the interpretation and application of this doctrine. The article also analyses the grounds/circumstances upon which this doctrine may be disregarded by the judges to ‘lift/pierce’ the corporate veil. The article then analyses the judicial interpretative approaches to dichotomies and metaphors, such as ‘concealment/evasion’ and ‘shame/façade’ et cetera. The conclusion explores whether the UKSC decision in Prest v Petrodel Resources Ltd has, indeed, provided much needed clarity in the common law approach to the corporate veil.

PublisherSweet and Maxwell
JournalInternational company and commercial law review
ISSN0958-5214
Publication dates
Online14 Sep 2020
Print14 Sep 2020
Publication process dates
Deposited05 Aug 2020
Accepted23 May 2020
Output statusPublished
Accepted author manuscript
License
Copyright Statement

This is a pre-copyedited, author-produced version of an article accepted for publication in International company and commercial law review following peer review. The definitive published version Los Watkins and Hamiisi Junior Nsubuga, I.C.C.L.R. 2020, 31(10), 547-558 is available online on Westlaw UK. An Attribution-NonCommercial CC BY-NC use license applies to this manuscript version.

Web address (URL)https://uk.westlaw.com/Document/I0CA866F0F6E811EAADCEF1E1044A6484/View/FullText.html
LanguageEnglish
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