Prest v Petrodel. Veil piercing, corporate veil and the dichotomy introduced by Lord Sumption

Prest v Petrodel. Veil piercing, corporate veil and the dichotomy introduced by Lord Sumption
Author: Hania Shakeel
Publisher: GRIN Verlag
Total Pages: 15
Release: 2022-05-16
Genre: Law
ISBN: 3346646173

Essay from the year 2022 in the subject Law - Comparative Legal Systems, Comparative Law, Brunel University, course: LAW LLB, language: English, abstract: This essay will examine the area of corporate piercing after the leading UK company law decision of the UK Supreme Court "Prest v Petrodel Resources Ltd". With the support of case-laws and the commentary by critics, it will be demonstrated that besides Prests’ efforts, it has failed in its’ aims of providing clarity to the law. The following arguments will be discussed: veil piercing as the remedy of last resort and corporate veil is just a label of an existent principle. Furthermore, the dichotomy introduced by Lord Sumption in evasion and concealment, with support of case laws.

Robot Rules

Robot Rules
Author: Jacob Turner
Publisher: Springer
Total Pages: 391
Release: 2018-10-29
Genre: Technology & Engineering
ISBN: 3319962353

This book explains why AI is unique, what legal and ethical problems it could cause, and how we can address them. It argues that AI is unlike any other previous technology, owing to its ability to take decisions independently and unpredictably. This gives rise to three issues: responsibility--who is liable if AI causes harm; rights--the disputed moral and pragmatic grounds for granting AI legal personality; and the ethics surrounding the decision-making of AI. The book suggests that in order to address these questions we need to develop new institutions and regulations on a cross-industry and international level. Incorporating clear explanations of complex topics, Robot Rules will appeal to a multi-disciplinary audience, from those with an interest in law, politics and philosophy, to computer programming, engineering and neuroscience.

Turning Points of the Common Law

Turning Points of the Common Law
Author: Robin Brunskill Cooke
Publisher:
Total Pages: 85
Release: 1997
Genre: Common law
ISBN: 9780421598706

In this title, based on the 48th series of Hamlyn Lectures, Lord Cooke focuses on four great cases which were all major turning points in the development of common law. The cases cover the areas of public law, crime, tort and company law, three of which are core undergraduate subjects and the last a popular option as well as an important practitioner area. The analysis of each is that of a practising judge rather than an academic, interested primarily in how "leading judicial craftsmen have solved problems." In each instance Lord Cooke examines the effect of the case at the time, subsequent developments in case law and the attitude of the academic world to each. He introduces a Commonwealth dimension to each subject area, discussing relevant case law from jurisdictions such as Canada, Australia, New Zealand, and South Africa.

The Governance of Corporate Groups

The Governance of Corporate Groups
Author: Janet Dine
Publisher: Cambridge University Press
Total Pages: 232
Release: 2000-06-05
Genre: Business & Economics
ISBN: 052166070X

Starting from a discussion of the theoretical underpinning of the place companies occupy in society, this book explores the consequences of adherence to free market contractualist theory, including the lack of regulatory control of a sufficiently robust nature. Professor Dine comments on the absence of a concept of governance of groups from a comparative perspective and considers the consequences of this absence for the conflict of laws. In particular, she highlights the tragic consequences of globalization by transnationals including polarization of income and environmental damage, and suggests a possible legal framework to prevent future damages.

Corporations Are People Too

Corporations Are People Too
Author: Kent Greenfield
Publisher: Yale University Press
Total Pages: 297
Release: 2018-10-23
Genre: Law
ISBN: 0300240805

Why we’re better off treating corporations as people under the law—and making them behave like citizens Are corporations people? The U.S. Supreme Court launched a heated debate when it ruled in Citizens United that corporations can claim the same free speech rights as humans. Should corporations be able to claim rights of free speech, religious conscience, and due process? Kent Greenfield provides an answer: Sometimes. With an analysis sure to challenge the assumptions of both progressives and conservatives, Greenfield explores corporations' claims to constitutional rights and the foundational conflicts about their obligations in society. He argues that a blanket opposition to corporate personhood is misguided, since it is consistent with both the purpose of corporations and the Constitution itself that corporations can claim rights at least some of the time. The problem with Citizens United is not that corporations have a right to speak, but for whom they speak. The solution is not to end corporate personhood but to require corporations to act more like citizens.

Gore-Browne on Companies

Gore-Browne on Companies
Author: Sir Francis Gore-Browne
Publisher:
Total Pages: 161
Release: 1975
Genre: Corporation law
ISBN: 9780853080282

Since 1873, Gore-Browne on Companies has kept solicitors and barristers at the cutting edge of company law and practice. As the Companies Act 2006 changes the legal landscape, this reliability matters more than ever. From constitution through to liquidation, it provides the definitive answer to questions about company administration, share capital, takeovers and mergers. Gore-Browne on Companies has already taken in all eight stages of implementation of the Companies Act 2006 and from October 1 2009, it carries detailed coverage of the new Model Articles. Commentary on the issues arising in transitional arrangements ensures that you are fully prepared to interpret and apply the Companies Act 2006.

The Oxford Handbook of Corporate Law and Governance

The Oxford Handbook of Corporate Law and Governance
Author: Jeffrey Neil Gordon
Publisher: Oxford University Press
Total Pages: 1217
Release: 2018
Genre: Business & Economics
ISBN: 0198743688

Corporate law and corporate governance have been at the forefront of regulatory activities across the world for several decades now, and are subject to increasing public attention following the Global Financial Crisis of 2008. The Oxford Handbook of Corporate Law and Governance provides the global framework necessary to understand the aims and methods of legal research in this field. Written by leading scholars from around the world, the Handbook contains a rich variety of chapters that provide a comparative and functional overview of corporate governance. It opens with the central theoretical approaches and methodologies in corporate law scholarship in Part I, before examining core substantive topics in corporate law, including shareholder rights, takeovers and restructuring, and minority rights in Part II. Part III focuses on new challenges in the field, including conflicts between Western and Asian corporate governance environments, the rise of foreign ownership, and emerging markets. Enforcement issues are covered in Part IV, and Part V takes a broader approach, examining those areas of law and finance that are interwoven with corporate governance, including insolvency, taxation, and securities law as well as financial regulation. The Handbook is a comprehensive, interdisciplinary resource placing corporate law and governance in its wider context, and is essential reading for scholars, practitioners, and policymakers in the field.

OECD Guidelines for Multinational Enterprises, 2011 Edition

OECD Guidelines for Multinational Enterprises, 2011 Edition
Author: OECD
Publisher: OECD Publishing
Total Pages: 95
Release: 2011-09-29
Genre:
ISBN: 9264115412

The OECD Guidelines for Multinational Enterprises are the world’s foremost, government-backed instrument for responsible business conduct. This 2011 edition includes new recommendations on human rights abuse and company responsibility for their supply chains.