Dundee Student Law Review

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Latest documents

• 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.

• 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
• 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
• Do Police Powers of Stop and Search in Scotland strike a fair balance between the rights of the accused, or those subject to searches, and the rights of the state?

Featured documents

• Directors' Remuneration: A Practical Critique of Corporate Governance Effectiveness
• Do Police Powers of Stop and Search in Scotland strike a fair balance between the rights of the accused, or those subject to searches, and the rights of the state?
• Does the General Anti-Abuse Rule (GAAR) improve upon pre-existing methods of tackling Tax Avoidance?
• Editorial Comment and Acknowledgements
• Editors' Comment
• "Public Watchdogs": An analysis of the role of the public in Environmental Impact Assessments
• EU Member States' Courts Versus U.S. Punitive Damages Awards for Physical Harm in Football: An Attempt at Defining Best Practice
• A Contemporary Analysis of Whether the EU Should Reconsider its Rules on Resale Price Maintenance
• From Injunctions to Damages: Analysis of the remedies applied by the English law of private nuisance based on the economic arguments of Ronald Coase
• A Contextual analysis of the 2004 revisions to the substantive test for competitive harm in the EU Merger Regulation