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United Kingdom Leading Case separate legal personalityresulting trusts

Prest v Petrodel Resources Ltd

[2013] UKSC 34
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2013
StatusBinding authority

Summary

The corporate veil may only be pierced where a person under an existing legal obligation deliberately interposes a company to evade it; the concealment principle is distinct and does not pierce the veil.

Key Principle

piercing the corporate veil; concealment vs evasion principle

Area of Law

Company and Partnership

Related Cases

Eclairs Group Ltd v JKX Oil and Gas plc [2015] UKSC 71

Directors' exercise of power to issue restriction notices is vitiated if the predominant purpose is improper, applying the proper purpose doctrine to board powers.

Bilta (UK) Ltd v Nazir (No 2) [2015] UKSC 23

A director's fraud cannot be attributed to the company so as to enable the wrongdoer to invoke the illegality defence against the company's own claims.

VTB Capital plc v Nutritek International Corp [2013] UKSC 5

Fraud alone does not justify piercing the corporate veil; separate legal personality is not automatically disregarded even in fraudulent contexts.

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