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Piercing the Corporate Veil as a Last Resort: Prest v Petrodel Resources Ltd [2013] UKSC 34; [2013] 2 AC 415; [2013] 3 WLR 1

Ho May Kim

(2014) 26 SAcLJ 249

Abstract:
This case summary discusses the UK Supreme Court case of Prest v Petrodel Resources Ltd [2013] UKSC 34; [2013] 2 AC 415; [2013] 3 WLR 1 in which the majority held that the corporate veil should only be pierced where all other remedies were not available. There is perhaps some room to question whether the authorities cited by the Supreme Court in Prest v Petrodel support this position. Ben Hashem v Al Shayif [2008] EWHC 2380 (Fam) held that the corporate veil should only be pierced where it was necessary to do so. However, there are authorities which suggest that the requirement for necessity does not equate with the requirement that the remedy be one of last resort.