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English High Court Applies New “Range of Factors” Test to Defence of Illegality

New “range of factors” test suggests broad use in future civil matters and fairer, more nuanced outcomes. The High Court has applied the new fact-sensitive “range of factors” test in Harb v Aziz to determine whether a...more

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

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...more

UK Supreme Court Adopts New “Range of Factors” Approach to Defence of Illegality

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...more

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