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Article: Attribution and the Illegality Defence

TitleAttribution and the Illegality Defence
Authors
Issue Date2016
PublisherBlackwell Publishing Ltd. The Journal's web site is located at http://www.modernlawreview.co.uk/default.asp
Citation
The Modern Law Review, 2016, v. 79 n. 3, p. 476-487 How to Cite?
AbstractIn Jetivia SA v Bilta (UK) Ltd (in liquidation) all seven judges of the Supreme Court affirmed the decision of the Court of Appeal by holding that the illegality defence could not be raised as a defence against the claim made by the company because the wrongdoing of the directors and shareholder cannot be attributed to the company. Although all the judges unanimously agreed on the outcome of the case, their reasoning concerning the approach to attribution and the different circumstances under which attribution should or should not take place differed. Further, the Supreme Court was divided on the issue of the correct approach to the illegality defence.
Persistent Identifierhttp://hdl.handle.net/10722/234058
ISSN
2015 Impact Factor: 0.855
2015 SCImago Journal Rankings: 0.623

 

DC FieldValueLanguage
dc.contributor.authorLim, WKE-
dc.date.accessioned2016-10-14T06:58:47Z-
dc.date.available2016-10-14T06:58:47Z-
dc.date.issued2016-
dc.identifier.citationThe Modern Law Review, 2016, v. 79 n. 3, p. 476-487-
dc.identifier.issn0026-7961-
dc.identifier.urihttp://hdl.handle.net/10722/234058-
dc.description.abstractIn Jetivia SA v Bilta (UK) Ltd (in liquidation) all seven judges of the Supreme Court affirmed the decision of the Court of Appeal by holding that the illegality defence could not be raised as a defence against the claim made by the company because the wrongdoing of the directors and shareholder cannot be attributed to the company. Although all the judges unanimously agreed on the outcome of the case, their reasoning concerning the approach to attribution and the different circumstances under which attribution should or should not take place differed. Further, the Supreme Court was divided on the issue of the correct approach to the illegality defence.-
dc.languageeng-
dc.publisherBlackwell Publishing Ltd. The Journal's web site is located at http://www.modernlawreview.co.uk/default.asp-
dc.relation.ispartofThe Modern Law Review-
dc.rightsThe definitive version is available at www.blackwell-synergy.com-
dc.titleAttribution and the Illegality Defence-
dc.typeArticle-
dc.identifier.emailLim, WKE: elimwk@hku.hk-
dc.identifier.authorityLim, WKE=rp01531-
dc.identifier.doi10.1111/1468-2230.12193-
dc.identifier.hkuros267765-
dc.identifier.volume79-
dc.identifier.issue3-
dc.identifier.spage476-
dc.identifier.epage487-
dc.publisher.placeUnited Kingdom-

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