Abstract:
This article offers an analysis of the decisions of the United Kingdom Supreme Court in Hounga v Allen, Les Laboratoires Servier v Apotex Inc and Jetivia SA v Bilta (UK) Limited (in liquidation. It seeks to understand the reasons given in those cases and their implications. It will be argued that the law in this area poses, partly as a result of this trilogy of cases, significant threats to the rule of law. Consideration is given to how these threats should be headed off.
Goudkamp, James, The Doctrine of Illegality: A Private Law Hydra (November 19, 2015) (2015) 6 Supreme Court Yearbook 254.
First posted 2015-11-22 08:10:48
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