“The effect of illegality on claims in private law is an exceptionally knotty problem. In Patel v Mirza [2016] UKSC 42, an unjust enrichment claim, the Supreme Court (following the Law Commission’s nudge) adopted a discretionary approach, balancing relevant public policy concerns to determine whether an illegality defence applied. Lord Toulson identified a ‘trio of considerations’ …”
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Janet O’Sullivan, Illegality and Tort in the Supreme Court, Cambridge Law Journal, Volume 80, Issue 2, July 2021, pp 215-221. DOI: https://doi.org/10.1017/S0008197321000337. Published online by Cambridge University Press: 2 August 2021.
First posted 2021-08-03 08:00:46
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