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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
Case summary: John v Jane [2026] EWHC 415 (Fam)
Much of children law involves the exploration of the facts relating to the child’s care and welfare, often coloured by the complex relationship dynamics between the adult protagonists. Occasionally, however, the facts which need to be established can be more fundamental. In John v Jane…
Special Guardianship at the End of Care Proceedings: Threshold Still Matters
By Laura Hibberd Re E (A Child) (Special Guardianship Order: Public Law Proceedings) [2026] EWCA Civ 1167 Special guardianship orders are often thought of as the “middle ground” of permanence: more secure than a care order, less final than adoption, and with the child’s legal…
Case Summary: Re C (Child Arrangements Orders; Domestic Abuse; Child Focused Court) [2026] EWCA Civ 1216
By Tim Parker KC The President of the Family Division handed down judgment on 29th September 2026 the decision in the first appeal following the introduction of Child-Focused Courts pilot. In Re C (Child Arrangements Orders; Domestic Abuse; Child Focused Court) [2026] EWCA Civ 1216…
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