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.
24 Pages Posted: 21 Nov 2015 Last revised: 17 Apr 2016
Date Written: November 19, 2015
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
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