Corporate Liability Within Groups: Human Rights And Tort Law Perspectives

Abstract

In this paper, we examine the regulatory issues that arise in protecting the interests of 'outsiders' from misbehaviour by corporate groups. We focus on two areas of substantive regulation, the application of human rights norms to groups, and subsequently the application of tort law (delict) in this context. In each section, we seek to show what an 'enterprise approach' would mean for these two areas of regulation, including the forms it might take and how effectively it might overcome the problems inherent in an entity approach. We also use the UK's experience-of enforcing human rights norms against groups, and of applying tort law to groups-to illustrate our analysis.

Keywords: Groups of Companies, Separate Legal Personality, Limited Liability, Piercing the Corporate Veil, Duty of Care, Corporate Liability, Tort, Human Rights Violations, Self-Regulatory Human Rights Instruments