CORPORATE PERSONALITY AND LEGAL STATUS: AN ANALYSIS OF SEPARATE LEGAL PERSONALITY AND THE LIFTING OF THE CORPORATE VEIL

Аннотация

This thesis explores the principle of separate legal personality in corporate law and the limited circumstances under which courts may lift the corporate veil. Rooted in the landmark case Salomon v A Salomon & Co Ltd [1897], the doctrine treats a company as a distinct legal entity, offering protection to shareholders and encouraging investment. However, this legal separation can also be misused to avoid liability or conceal wrongdoing. Using a doctrinal research approach, the study examines key legal sources including statutes, judicial decisions, and academic literature. Special focus is given to recent cases such as Prest v Petrodel Resources Ltd [2013] and Sevilleja v Marex Financial Ltd [2020], which have redefined the boundaries for veil-piercing in the UK. The findings reveal that courts remain cautious and restrict intervention to cases of legal evasion, prioritising legal certainty over broader notions of fairness.