It is obviously extremely important to determine what constitutes the enterprise for the purposes of enterprise liability. In particular the complexities of corporate structures pose challenging questions. A grouping of interconnected companies can allocate risk across the group in ways that have significant impact on third parties. The effect, in a tort case, can be hugely significant:

The impact on tort litigation can be graphically illustrated in cases involving multiple claimants such as claims in respect of industrial diseases or environmental pollution. The number of plaintiffs may be great, as may the amounts claimed for. The potential liabilities of defendants in cases of this sort may be vast, though assessing the full extent of liability may also be problematic. The harm, for instance, in an industrial disease case may remain latent for a very long time. In cases of this sort a subsidiary may be forced into insolvency by the magnitude of the claims.