2.50
Hdl Handle:
http://hdl.handle.net/10547/579228
Title:
Lifting the veil of incorporation under common law and statute
Authors:
Nyombi, Chrispas
Abstract:
Purpose – The paper examines case law and statutory provisions related to lifting the corporate veil. The aim of the paper is to explore recent case law in order to determine whether courts have moved away from an overly restrictive approach when dealing with cases relating to the corporate personality. To offer a full account of the exceptions to the corporate personality doctrine, this paper also examines cases where the veil of incorporation is lifted due to a breach of a statutory provision. Design/methodology/approach – The paper reviews recent case law and statutory provisions relating to lifting the corporate veil. The paper critically reviews the exceptions to the corporate personality doctrine which amount to lifting the corporate veil. Findings – The paper finds that courts are more willing to lift the corporate veil compared to before. They have moved away from the restrictive approach and this is demonstrated by the tendency to find new exceptions to the corporate personality doctrine such as the interests of justice argument or lifting the veil in tort cases. Originality/value – The paper offers an up-to-date assessment of the exceptions to the corporate personality doctrine and highlights the growing tendency to finding new ways of lifting the corporate veil.
Affiliation:
University of Essex
Citation:
Nyombi, C. (2014) 'Lifting the veil of incorporation under common law and statute'. International Journal of Law and Management, 56 (1) pp66-81
Publisher:
Emerald
Journal:
International Journal of Law and Management
Issue Date:
4-Feb-2014
URI:
http://hdl.handle.net/10547/579228
DOI:
10.1108/IJLMA-03-2013-0011
Additional Links:
http://www.emeraldinsight.com/doi/abs/10.1108/IJLMA-03-2013-0011
Type:
Article
Language:
en
ISSN:
1754-243X
Appears in Collections:
Centre for Research in Law (CRiL)

Full metadata record

DC FieldValue Language
dc.contributor.authorNyombi, Chrispasen
dc.date.accessioned2015-10-05T10:24:12Zen
dc.date.available2015-10-05T10:24:12Zen
dc.date.issued2014-02-04en
dc.identifier.citationNyombi, C. (2014) 'Lifting the veil of incorporation under common law and statute'. International Journal of Law and Management, 56 (1) pp66-81en
dc.identifier.issn1754-243Xen
dc.identifier.doi10.1108/IJLMA-03-2013-0011en
dc.identifier.urihttp://hdl.handle.net/10547/579228en
dc.description.abstractPurpose – The paper examines case law and statutory provisions related to lifting the corporate veil. The aim of the paper is to explore recent case law in order to determine whether courts have moved away from an overly restrictive approach when dealing with cases relating to the corporate personality. To offer a full account of the exceptions to the corporate personality doctrine, this paper also examines cases where the veil of incorporation is lifted due to a breach of a statutory provision. Design/methodology/approach – The paper reviews recent case law and statutory provisions relating to lifting the corporate veil. The paper critically reviews the exceptions to the corporate personality doctrine which amount to lifting the corporate veil. Findings – The paper finds that courts are more willing to lift the corporate veil compared to before. They have moved away from the restrictive approach and this is demonstrated by the tendency to find new exceptions to the corporate personality doctrine such as the interests of justice argument or lifting the veil in tort cases. Originality/value – The paper offers an up-to-date assessment of the exceptions to the corporate personality doctrine and highlights the growing tendency to finding new ways of lifting the corporate veil.en
dc.language.isoenen
dc.publisherEmeralden
dc.relation.urlhttp://www.emeraldinsight.com/doi/abs/10.1108/IJLMA-03-2013-0011en
dc.rightsArchived with thanks to International Journal of Law and Managementen
dc.subjectcorporate personalityen
dc.subjectcompany lawen
dc.subjectcorporate veilen
dc.subjectincorporationen
dc.titleLifting the veil of incorporation under common law and statuteen
dc.typeArticleen
dc.contributor.departmentUniversity of Essexen
dc.identifier.journalInternational Journal of Law and Managementen
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