The Doctrine of Illegality: A Private Law Hydra

James Goudkamp, 'The Doctrine of Illegality: A Private Law Hydra' (2015) 6 United Kingdom Supreme Court Yearbook 254.

Oxford Legal Studies Research Paper No. 26/2016

24 Pages Posted: 21 Nov 2015 Last revised: 17 Apr 2016

See all articles by James Goudkamp

James Goudkamp

University of Oxford - Faculty of Law

Date Written: November 19, 2015

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.

Keywords: Illegality; ex turpi causa non oritur actio; judicial discretion; defences; rule of law

Suggested Citation

Goudkamp, James, The Doctrine of Illegality: A Private Law Hydra (November 19, 2015). James Goudkamp, 'The Doctrine of Illegality: A Private Law Hydra' (2015) 6 United Kingdom Supreme Court Yearbook 254.; Oxford Legal Studies Research Paper No. 26/2016. Available at SSRN: https://ssrn.com/abstract=2693358

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

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