Tag: illegality defence
Showing 7 out of 7 results
Supreme Court applies Patel v Mirza to reject illegality defence to solicitors' negligence claim where claimant had engaged in mortgage fraud
The Supreme Court has held that a claimant who had engaged in mortgage fraud was not barred from bringing a claim against her solicitors for negligently …
Important Supreme Court decision on "Quincecare" duties of care and corporate attribution
Supreme Court reformulates test for when a claim will fail due to illegality
The Supreme Court has established a new approach to the question of whether a defendant will be able to rely on the defence of illegality: Patel …
Court of Appeal rejects illegality defence in claim against liquidator
The Court of Appeal has refused to allow a liquidator of a company that was the vehicle for a VAT fraud to rely on the defence of illegality in defending …
Supreme Court confirms company in liquidation not prevented from claiming against directors on the basis of fraud attributable to the company
The Supreme Court has unanimously upheld a Court of Appeal decision refusing to strike out a claim by a “one-man” company in liquidation, which had been …
Court of Appeal finds company in liquidation not prevented from claiming against directors on basis fraud attributable to company
The Court of Appeal has unanimously upheld an order refusing to strike out a claim by a "one-man" company in liquidation, which had been the …
House of Lords rules on auditors’ liability in fraud case
In a decision handed down just before the end of term, auditors have won an important House of Lords ruling limiting their liability in cases where a …