A Fall Between Two Stools: The Supreme Court Confines Lawful Act Duress

Abstract

In Pakistan International Airline Corporation v Times Travel (UK) Ltd, the UK Supreme Court considered lawful act duress. The Court confirmed the existence of the doctrine after many years of uncertainty. This is welcome. But the Court significantly narrowed the scope of its application to two specific circumstances: where pressure exerted by a defendant comprises a demand supported by a threat to report criminal activity, and where pressure derives coercive force from the defendant’s use of ‘illegitimate means’ to manoeuvre the claimant into a position of weakness. We argue that this may prevent the law of duress from developing in a clear and principled manner.

Keywords: duress, unjust enrichment, lawful act duress, lawful-act duress, restitution, times travel, pakistan international airline corporation, UK supreme court, united kingdom supreme court, vitiating factor, illegitimate pressure, unconscionability