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Article: Attribution and the Illegality Defence

TitleAttribution and the Illegality Defence
Authors
Issue Date2016
PublisherWiley.
Citation
Modern Law Review, 2016, v. 79, p. 476 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

 

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.citationModern Law Review, 2016, v. 79, p. 476-
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.publisherWiley. -
dc.relation.ispartofModern Law Review-
dc.rightsPreprint This is the pre-peer reviewed version of the following article: [FULL CITE], which has been published in final form at [Link to final article]. Authors are not required to remove preprints posted prior to acceptance of the submitted version. Postprint This is the accepted version of the following article: [full citation], which has been published in final form at [Link to final article]. -
dc.titleAttribution and the Illegality Defence-
dc.typeArticle-
dc.identifier.emailLim, WKE: elimwk@hku.hk-
dc.identifier.authorityLim, WKE=rp01531-
dc.identifier.hkuros267765-
dc.identifier.volume79-
dc.identifier.spage476-
dc.identifier.epage476-
dc.publisher.placeUK-

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