Illegality And Trusts: The straight and narrow?

Herbert Smith Freehills LLP | Trusts and Estates Law & Tax Journal | October 2016 #180
Patel v Mirza [2016] establishes a flexible approach towards the illegality defence. Gareth Keillor and Rosanna Pinker analyse the pros and cons ‘A flexible approach, which disposes of the automatic bar to relief if the claimant has relied on their own illegality, will provide new opportunities for claimants involved in illegality successfully to lodge claims.’ …

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Illegality And Trusts: Public policy or rule of law?

Herbert Smith Freehills LLP | Trusts and Estates Law & Tax Journal | July/August 2016 #178
Gareth Keillor and Rosanna Pinker consider the lack of clarification from the Supreme Court on the illegality defence ‘The mere existence of illegal activity will not be enough to defeat a claim; there must be a sufficiently close connection between that unlawful activity and the claimant’s pleaded case.’ The application of the illegality defence, otherwise …

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