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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Anna Grosheva
Doctrine of Piercing the Corporate Veil in English law
Corporate Lawyer
(Master’s programme)
2019
In accordance with the limited liability principle, participants of legal entities are not liable for their obligations. This principle often allows to use a legal entity as a kind of “shield” to avoid the liability of its participants. The Anglo-Saxon legal system has developed a mechanism of “lifting the corporate veil”, which in some cases allows to impose a personal liability on dishonest participants. In English law the mechanism for piercing the veil can be implemented on the basis of the law (statutory piercing) and at the sole discretion of the court (judicial doctrine).

According to the absolute majority of English lawyers, the judicial doctrine of piercing the corporate veil is in a state of legal uncertainty, it is applied "ad hoc" and causes ineffective judicial protection.

Overcoming of legal uncertainty and solving the problem of blocking the possibility of effective judicial protection can be achieved by establishing the content of the doctrine of piercing the corporate veil in English law.

As a result of the research, the author comes to the conclusion that the doctrine is a dynamically developing phenomenon. At the present stage, the doctrine has been almost uncontestedly reduced to the need to prove the abuse of the corporate form. This, in particular, testifies to the gradual formation of the uniformity of judicial practice, following the principle of exclusive reference to the doctrine in the absence of other legal protective mechanisms.

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