UK Supreme Court adopts new “range of factors” approach to defence of illegality

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Recent decision adopts less formal, more expansive test for the defence of illegality in English law.

Overview -

The UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing to defeat the claim, replacing it with a more fact-sensitive “range of factors” approach, which may expand cases in which the defence operates.

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