Dundee Student Law Review

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Latest documents

• Editorial Comment and Acknowledgements
• Can mere incompetence constitute a breach of fiduciary duty?
• AI-'Agents': to be, or not to be, in the legal domain
• Piercing the Corporate Veil? A critical analysis on Prest v Petrodel Resources Ltd and Others

  Ever since the early development of company law, the notion of corporate veil has been one of the most fundamental legal principles. From Aron Saloman v A Saloman - Co Limited [1897] AC 22, it has long been established that courts recognise the separate legal entity of a company. However, in order to prevent misuse of the corporate form, the notion of veil-piercing was developed. In 2013, the United Kingdom Supreme Court handed down a seminal judgment on the law of corporate veil, Prest v Petrodel Resources Ltd and Others [2013] UKSC 34, in which Lord Sumption proposed the evasion and concealment principles. By classifying veil-piercing as evasion, his Lordship suggested that concealment cases were not truly veil-piercing. It was also held that the corporate veil could only be pierced where there was no available alternative remedy. As a result, the notion of veil-piercing has been significantly narrowed. On the other hand, Lord Walker in the same judgment disagreed with Lord Sumption’s formulation, suggesting that veil-piercing was just a label and not a doctrine. This paper is in agreement with Lord Walker’s observation that the notion of veil-piercing is not a doctrine but a label. This work is developed from a previous work of the authors. We would like to acknowledge Ms. Ho Ho Chun and Ms. Marta Gonzalez Ruano Calles for their contributions to the previous work.

• The Investigation of Suicide in Victorian and Edwardian Scotland
• Common Rape Myths and the Scottish Legal System
• Scots Criminal Law and the Right of Silence
• The Implications of GS Media v. Sanoma Media Netherlands' "New Public" on Digital Distance Learning
• Acknowledgements
• Editors' Comment

Featured documents

• Could forced expulsion ever be considered as falling within the scope of Article II of the Genocide Convention?
• Of Wigs and Gowns: A Critique of the Abolition of Court Dress in the Inner House of the Court of Session
• Substantive Equality and the Extension of Marriage
• Does the General Anti-Abuse Rule (GAAR) improve upon pre-existing methods of tackling Tax Avoidance?
• Relocation, Relocation, Relocation: A Comparative Study of "Leave to Remove" Applications in England and Scotland
• Abuse of Process: Time for Change?
• A Contemporary Analysis of Whether the EU Should Reconsider its Rules on Resale Price Maintenance
• Directors' Remuneration: A Practical Critique of Corporate Governance Effectiveness
• A Game of Transfer Pricing: An Analysis of the Suitability of the Arm's Length Principle and the Proposed Alternative of Formulary Apportionment
• EU Member States' Courts Versus U.S. Punitive Damages Awards for Physical Harm in Football: An Attempt at Defining Best Practice