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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll