James Goudkamp explores whether the Supreme Court’s policy-based approach to the illegality doctrine will be followed in tort cases ‘An important question that arises, and one that was not answered by the Supreme Court, is whether Patel applies beyond the field of unjust enrichment.’ The Supreme Court recently handed down judgment in the appeal in …
Continue reading "Illegality: Does Patel v Mirza apply in tort?"
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Patel v Mirza [2016] establishes a flexible approach towards the illegality defence. Gareth Keillor and Rosanna Pinker analyse the pros and cons ‘A flexible approach, which disposes of the automatic bar to relief if the claimant has relied on their own illegality, will provide new opportunities for claimants involved in illegality successfully to lodge claims.’ …
Continue reading "Illegality And Trusts: The straight and narrow?"
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Wills & Trusts Law Reports | March 2016 #157The claimant alleged the existence of an oral agreement between the claimant and the defendant whereby the defendant, a Royal Prince of Saudi Arabia, agreed to pay her £12m and to procure the transfer to her of two properties.
The claimant claimed that at some point prior to 1970 the late King had promised and assured the claimant that he would provide for her financially. When the late King was proclaimed King of Saudi Arabia in 1982, he was said to have repeated his promise to the claimant. The claimant later alleged that he failed to provide financially for the claimant, and in...
Wills & Trusts Law Reports | November 2014 #144The appellant was a property dealer and the respondent was a foreign exchange broker, who had a personal spread-betting account with IG Index. In August 2009, a third party informed the appellant of a deal offered by the respondent that involved a bet on the movement in the value of shares in Royal Bank of Scotland (RBS). The defendant claimed to know people who sat in on meetings between the heads of RBS and officials from the government, and it was expected the Chancellor would make a public statement which would have an effect on the share price of RBS. Following an initial telephone ...
Sarah Young analyses a recent case on whether a worker knew he was not entitled to claim self-employed status ‘As a general rule, an illegal contract is unenforceable and most statutory employment rights, such as the right to bring an unfair dismissal claim, cannot be enforced under it.’ The Employment Appeal Tribunal (EAT) has recently …
Continue reading "Illegality: Mistake or misrepresentation?"
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