Download This PaperPatel v Mirza: Structured Discretion or Range of Factors?
5 Pages Posted: 12 Sep 2018 Last revised: 2 Nov 2018
Date Written: August 1, 2018
Abstract
This short paper analyses Lord Toulson's judgment in Patel v Mirza [2016] UKSC 42, and argues that that judgment is better analysed as ruling that in cases where a defence of illegality is advanced, the courts should adopt a 'structured discretion' in determining whether to allow the defence rather than considering a range of factors to see whether or not the defence should be allowed.
Keywords: Remedies, defences, illegality, discretion, Patel v Mirza
JEL Classification: K41, K42
Suggested Citation: Suggested Citation
McBride, Nicholas, Patel v Mirza: Structured Discretion or Range of Factors? (August 1, 2018). University of Cambridge Faculty of Law Research Paper No. 66/2018, Available at SSRN: https://ssrn.com/abstract=3242752 or http://dx.doi.org/10.2139/ssrn.3242752
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