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Tag Archives: civil law

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. By Daniel Smith and Alanna Andrew The High Court has applied the new fact-sensitive “range of factors” test in Harb v Aziz[i] to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing to … Continue Reading

UK Supreme Court Redefines Criminal Dishonesty Test

By Stuart Alford QC, Daniel Smith and Clare Nida The UK Supreme Court has unanimously ruled that the criminal dishonesty test in R v Ghosh is wrong and that courts should no longer follow this test. The recent decision in Ivey v Genting Casinos clarifies that the test for dishonesty in all proceedings (criminal and … Continue Reading
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