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THE ILLEGALITY DEFENCE: BACK TO THE SUPREME COURT AGAIN
Illegality and the doctrine of “ex turpi causa non oritur acta” rival the issue of vicarious liability for the number of appellate level decisions they have generated in recent years. In Patel v Mirza [2016] UKSC 42 the Supreme Court sat as a court of 9 in order to definitively deal with the issue of when illegal or immoral conduct might bar an otherwise good claim in tort or contract. The issue has not, however, gone away, with the Supreme Court scheduled to hear another 4 cases which raise the issue. In this Briefing, Andrew Warnock QC summarises the Patel decision and the forthcoming appeals.
Latest News & Events
Kerry Nicholson writes about Paul v Royal Wolverhampton NHS Trust and the implications for secondary victims in cross border cases for the Journal of Personal Injury Law
Kerry analyses Paul v Royal Wolverhampton NHS Trust and the Supreme Court’s attempt to impose coherence on decades of caselaw from McLoughlin, Alcock and Frost through Walters, Shorter and Ronayne. She then asks the hard question for modern travel law practitioners: what, if anything, can claimants do…
Thomas Jones appointed to the Welsh Government’s Panel of Counsel
The Counsel General for Wales and Minister for Delivery has appointed Thomas Jones to the Welsh Government’s B Panel of Counsel. Panel Counsel are appointed to provide specialist advocacy and advisory work for the Welsh Government. Tom’s appointment runs for a period of five years…
The Building Safety Act: 2025 in review
As we hit the ground running in 2026, Daniel Searle comments on selected cases concerning the BSA throughout 2025, with a particular focus on Remediation Orders and Remediation Contribution Orders. Remediation Orders (“ROs”) Monier Road Limited v Nicholas Alexander Blomfield and Other Leaseholders [2025] UKUT…
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