Hostname: page-component-78c5997874-ndw9j Total loading time: 0 Render date: 2024-11-05T04:27:38.220Z Has data issue: false hasContentIssue false

ILLEGALITY AND RESTITUTION EXPLAINED BY THE SUPREME COURT

Published online by Cambridge University Press:  03 April 2017

Get access

Extract

IN the Court of Appeal in Patel v Mirza [2014] EWCA Civ 1047; [2015] Ch. 271, Gloster L.J., in sympathy with the “hapless law student”, said of the illegality concept “it is almost impossible to ascertain … principled rules from the authorities relating to the recovery of money or other assets paid or transferred under illegal contracts” (at [47]). The Supreme Court ([2016] UKSC 42; [2016] 3 W.L.R. 399) has clarified the law in many respects. In other respects, it may have created some new uncertainties and no diminution in work for inventive lawyers and some of their more dubious clients.

Type
Case and Comment
Copyright
Copyright © Cambridge Law Journal and Contributors 2017 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)