Dundee Student Law Review

- Publisher:
- Editorial vLex
- Publication date:
- 2020-10-21
Issue Number
Latest documents
- AI-'Agents': to be, or not to be, in the legal domain
- Can mere incompetence constitute a breach of fiduciary duty?
- The Investigation of Suicide in Victorian and Edwardian Scotland
- Editorial Comment and Acknowledgements
- 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.
- Acknowledgements
- Scots Criminal Law and the Right of Silence
- The Implications of GS Media v. Sanoma Media Netherlands' "New Public" on Digital Distance Learning
- Common Rape Myths and the Scottish Legal System
- The Scottish Law Commission and the glistering code - Does codification simplify and modernise the law?
Featured documents
- Acknowledgements
- Scots Criminal Law and the Right of Silence
- AI-'Agents': to be, or not to be, in the legal domain
- Substantive Equality and the Extension of Marriage
- Can mere incompetence constitute a breach of fiduciary duty?
- The Implications of GS Media v. Sanoma Media Netherlands' "New Public" on Digital Distance Learning
- Common Rape Myths and the Scottish Legal System
- The Investigation of Suicide in Victorian and Edwardian Scotland
- Could forced expulsion ever be considered as falling within the scope of Article II of the Genocide Convention?
- The Scottish Law Commission and the glistering code - Does codification simplify and modernise the law?