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

Watkins, Los ORCID: https://orcid.org/0000-0003-2024-1242 and Nsubuga, Hamiisi Junior ORCID: https://orcid.org/0000-0001-6902-3575 (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. ISSN 0958-5214 [Article]

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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.

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