Overview

Illegality arguments appear to be in vogue. Last year, the House of Lords handed down two much-reported cases on the topic: Stone & Rolls v Moore Stephens (2009)and Gray v Thames Trains (2009). Since then, the courts have looked at illegality defences in claims involving solicitors (Nayyar v Denton Wilde Sapte (2009)), the recovery of penalties for breaches of the Competition Act (Safeway v Twigger (2010)) and, most recently, accountants again.

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