Marcus Teo, ‘Foreign Law Illegality: Patel’s New Frontier?’

“As Patel v Mirza [2016] UKSC 42, [2017] AC 467 continues to revolutionise the law on illegality, the question arises whether its range-of-factors test will project its influence over more decidedly ‘foreign’ terrain: foreign law illegality, or illegality under a law other than the lex contractus. Foreign law illegality disputes have typically centred around the rules in Foster v Driscoll [1929] 1 KB 470, which renders contracts unenforceable if parties’ ‘real object and intention’ was to contravene a third state’s law; and Ralli Brothers v Compania Naviera Sota y Aznar [1920] 2 KB 287, which renders contracts unenforceable if illegal under the lex loci solutionis …”

Marcus Teo, Foreign Law Illegality: Patel’s New Frontier?, Cambridge Law Journal, Volume 80, Issue 1, March 2021, pp 32-35, DOI:

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