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Illegality after Patel v Mirza

By Sarah Green (Editor), Alan Bogg (Editor)
eBook
$71.95
By Sarah Green (Editor), Alan Bogg (Editor)
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In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as ...

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