Advertisement

National Report on the United Kingdom

  • Remus ValsanEmail author
Chapter
  • 15 Downloads
Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 43)

Abstract

UK company law does not have a specialised body of rules dedicated to groups of companies. Liability within a group and toward third parties may arise based on other legal doctrines, such as piercing the corporate veil, liability of the parent company as de facto or shadow director of the subsidiary for various fiduciary, accounting and reporting duties, as well as duties to creditors in the vicinity of insolvency. Liability may also arise when a special relation is established between the companies in a group, such as agency, or between the parent company and a third party affected by the subsidiary’s activity, such as a duty of care in negligence.

References

Journal Articles

  1. Cabrelli D (2010) The case against ‘Outsider Reverse’ veil piercing. J Corp Law Stud 10:343–366CrossRefGoogle Scholar
  2. Didcote F (2008) Controlling the abuse of limited liability: the effectiveness of the wrongful trading provision. Int Company Commer Law Rev 19:373–378Google Scholar
  3. Han TC (2015) Veil piercing- a fresh start. J Bus Law 1:20–36Google Scholar
  4. Hannigan B (2013) Wedded to Salomon: evasion, concealment and confusion on piercing the veil of the one-man company. Irish Jurist 50:11–39Google Scholar
  5. Keay A (2014) Wrongful trading: problems and proposals. Northern Ireland Legal Q 65:63–79Google Scholar
  6. Lee PW (2015) The enigma of veil-piercing. Int Company Commer Law Rev 26:28–34Google Scholar
  7. Williams R (2015) What can we expect to gain from reforming the insolvent trading remedy? Modern Law Rev 78:55–84CrossRefGoogle Scholar

Books

  1. Davies PL et al (2016) Gower and Davies principles of modern company law, 10th edn. Sweet & Maxwell, LondonGoogle Scholar
  2. Ferran E, Ho LC (2014) Principles of corporate finance law, 2nd edn. Oxford University Press, OxfordCrossRefGoogle Scholar
  3. Gower LCB (1979) Principles of modern company law, 4th edn. Stevens, LondonGoogle Scholar
  4. Kershaw D (2012) Company law in context: text and materials, 2nd edn. Oxford University Press, OxfordGoogle Scholar
  5. Palmer F, Morse G (1992) Palmers company law, 25th edn. Sweet & Maxwell, LondonGoogle Scholar

Online Publications

  1. Kemp M, Handforth Z (2011) Shadow directors: keeping on the sidelines. Practical Law Company. https://tinyurl.com/y4yf9w9b
  2. Practical Law Corporate (2017) PSC register: identifying people with significant control. Practical Law Company. https://tinyurl.com/y3tsludl

Other

  1. The Company Law Review Steering Group (2000) Modern law for a competitive economy - completing the structure. DTI, LondonGoogle Scholar
  2. The Cork Committee (1982) Report on insolvency law and practiceGoogle Scholar
  3. The Department for Business, Energy and Industrial Strategy (BEIS) (2016) Statutory Guidance on the meaning of ‘significant influence or control’ over companies in the context of the Register of People with Significant ControlGoogle Scholar
  4. The Walker Review (2009) A review of Corporate Governance in UK banks and other financial industry entities: final recommendationsGoogle Scholar

Copyright information

© Springer Nature Switzerland AG 2020

Authors and Affiliations

  1. 1.School of Law, University of EdinburghEdinburghUK

Personalised recommendations