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27 March 2010
Issue: 7410 / Categories: Legal News
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Tackling illegality defence

Judges should be given powers to use their discretion when tackling the illegality defence where property ownership is concealed for criminal purposes.

The Law Commission has recommended reform to trust law in a report published this week, The Illegality Defence.

The defence can be used by a defendant in a civil action to argue a claimant has forfeited their normal rights because they behaved illegally in a way that is connected to their claim. This defence stands even if both people knew about the illegal behaviour.

The commissioners recommend that courts should have discretionary powers to enforce a trust or confiscate property where a trust has been created to conceal a beneficiary’s interest. This would overcome the arbitrary consequences of the illegality defence.

David Hertzell, the Law Commissioner leading the project, says: “The intricacies of trust law can lead to arbitrary outcomes.

“Our recommended reforms would make the law clear and proportionate, and ensure that the consequences of a case would be related to its merits.”

 

Issue: 7410 / Categories: Legal News
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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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