Ernest Lim, ‘Attribution and the Illegality Defence’

In Jetivia SA v Bilta (UK) Ltd (in liquidation) all seven judges of the Supreme Court affirmed the decision of the Court of Appeal by holding that the illegality defence could not be raised as a defence against the claim made by the company because the wrongdoing of the directors and shareholder cannot be attributed to the company. Although all the judges unanimously agreed on the outcome of the case, their reasoning concerning the approach to attribution and the different circumstances under which attribution should or should not take place differed. Further, the Supreme Court was divided on the issue of the correct approach to the illegality defence.

Ernest Lim, Attribution and the Illegality Defence. Modern Law Review, Volume 79, Issue 3, pages 476–487, May 2016. Article first published online: 26 APR 2016. DOI: 10.1111/1468-2230.12193.

First posted 2016-04-27 06:32:34

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