Jetivia SA v Bilta (UK) Ltd & ors [2015] UKSC 23 – Law Journals

Fiduciary obligations and constructive trusts: Attribution of illegality

Joseph de Lacey and Natasha Molson analyse the Supreme Court’s decision in Crown Prosecution Service v Aquila Advisory Ltd The court confirmed the approach as set out in Jetivia, namely that in proceedings by a company against its directors for breach of fiduciary duty, the fraud of the directors could not be attributed to the …

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Disclosure: Privileged upbringing

Richard Farnhill resumes his assessment of the current law of privilege ‘Cotton LJ divides agents into two camps: those responsible for obtaining legal advice and all the rest. Only communications between the lawyer and the former camp are protected. There are significant issues with that approach.’ In the first part of this article, I examined …

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Privilege: What divides us

In the first of a three-part consideration of the need for reform of privilege, Richard Farnhill outlines the background to privilege and attribution ‘Where an agent has become aware of facts or information in the course and as a consequence of his or her duties and communicates them to the legal adviser with a view …

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Conduct: Hoisted by their own petard?

In the first of two articles, Suzanne Chalmers and Jack Macaulay explore the current law relating to claimants’ illegality and dishonesty ‘The essential rationale of the doctrine of illegality was that it would be contrary to the public interest to enforce a claim if to do so would be harmful to the integrity of the …

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Illegality And Trusts: Public policy or rule of law?

Gareth Keillor and Rosanna Pinker consider the lack of clarification from the Supreme Court on the illegality defence ‘The mere existence of illegal activity will not be enough to defeat a claim; there must be a sufficiently close connection between that unlawful activity and the claimant’s pleaded case.’ The application of the illegality defence, otherwise …

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Update: A litigation overview – 2015

Anna Pertoldi and Maura McIntosh look back at some of the key developments of 2015 from the perspective of the commercial litigator in England and Wales ‘2015 offered a welcome respite from the previous flood of case law considering applications for relief from sanctions for breaches of court rules and orders.’ As we move into …

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