Prest – The Judicial Messiah or Judicial Disaster?

Abstract

The history of separate legal personality has fluctuated due to the protean nature of judicial decisions. The inconsistent precedent left courts to experiment, until an attempt at coherence was imposed by the decision in Prest v Petrodel. However, this decision embodied bold and arguably hasty logic which sparked a contentious debate with respect to its assistance to the doctrine. Accordingly, this article will analyse Prest v Petrodel, the shortcomings of the decision, the impact on the uncertainties of the doctrine, and provide noteworthy commentary with regard to the Caribbean’s indigenous jurisprudence.