header-logo header-logo

19 September 2014 / William McCormick KC , Faisel Sadiq
Issue: 7622 / Categories: Features , Commercial
printer mail-detail

Irreconcilable differences?

commercial_mccormick

William McCormick QC & Faisel Sadiq report on Patel v Mirza & the dangers of relying on illegal contracts

“As any hapless law student attempting to grapple with the concept of illegality knows, it is almost impossible to ascertain or articulate principled rules from the authorities relating to the recovery of money or other assets paid or transferred under illegal contracts. This court frankly recognised in Tribe v Tribe [1996] Ch 107, [1995] 4 All ER 236. (per Lord Justice Nourse at 121, and per Lord Justice Millett at 135) that the authorities are irreconcilable. The three different judgments in this case reflect some of the complexities of the problems raised by the illegality principle which are apparent from the authorities.” This opening paragraph of the partly dissenting judgment of Lady Justice Gloster in the recent case of Patel v Mirza [2014] EWCA Civ 1047, [2014] All ER (D) 279 (Jul) sets the unhappy scene that has confronted not only the hapless student but the hardened practitioner in this area of the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll