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Piercing the corporate veil post-Prest

ABSTRACT While the lack of any coherent principle in veil-piercing has been apparent even before Prest v Petrodel Resources Limited, this essay argues that the status of the law was… Click to show full abstract

ABSTRACT While the lack of any coherent principle in veil-piercing has been apparent even before Prest v Petrodel Resources Limited, this essay argues that the status of the law was neither aided nor clarified by Sumption SJC's introduction of the concealment-evasion principle in Prest. This, accompanied by the narrowed scope of veil-piercing as a last resort remedy, has significantly discouraged its application, especially when difficulty in the concealment/evasion categorisation arises. It is therefore suggested that courts of other jurisdictions should take into account the far-reaching implications of Prest before applying the concealment-evasion principle merely because it originated from a UK Supreme Court decision.

Keywords: piercing corporate; concealment evasion; principle; veil post; post prest; corporate veil

Journal Title: Law and Financial Markets Review
Year Published: 2024

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