‘Illegality and Unjust Enrichment: Supreme Court Reviews the Doctrine of Illegality’

“The Supreme Court in Patel v Mirza [2016] UKSC 42 has reviewed the doctrine of illegality and sought to clarify the extent to which it applies in civil proceedings. The specific question the Supreme Court was required to consider was whether the principle of illegality operates so as to prevent a party to a contract tainted by illegality from seeking restitution of money paid under the contract. However, the Court also took the opportunity to look at the doctrine of illegality more generally …” (more)

[Andrew Sheftel (Norton Rose Fulbright), Oxford Business Law Blog, 12 February]

First posted 2017-02-13 06:54:02

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