header-logo header-logo

05 December 2014 / Jack Harris
Issue: 7633 / Categories: Features , Personal injury
printer mail-detail

Turpitude & the rule of law

jack-harris

The Supreme Court has provided important guidance on the illegality defence, as Jack Harris reports

In the recent case of Les Laboratoires Servier v Apotex Inc [2014] UKSC 55, [2014] All ER (D) 328 (Oct), the Supreme Court provided guidance on when a defence of illegality (or ex turpi causa non oritur actio ) may be made out. Although this was an intellectual property case, concerning an alleged patent infringement, it has important ramifications for personal injury claims too.

The facts

Les Laboratoires Servier (LLS) was a French pharmaceutical company. LLS began proceedings against Apotex Inc (Apotex) for alleged infringement of a UK patent held by LLS on a particular drug. Mann J granted LLS an interim injunction on condition that LLS agreed to provide the usual cross-undertaking in damages to Apotex. Subsequently, Pumfrey J held that the patent was invalid and thus discharged the injunction.

Accordingly, Apotex sought to enforce the undertaking in damages. It was agreed that, but for the interim injunction, Apotex would have sold 3.6 million packs

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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll