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- Publisher Website: 10.1111/1468-2230.12193
- Scopus: eid_2-s2.0-84964397427
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Article: Attribution and the Illegality Defence
Title | Attribution and the Illegality Defence |
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Authors | |
Issue Date | 2016 |
Publisher | Blackwell 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? |
Abstract | In 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 Identifier | http://hdl.handle.net/10722/234058 |
ISSN | 2023 Impact Factor: 1.5 2023 SCImago Journal Rankings: 0.267 |
DC Field | Value | Language |
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dc.contributor.author | Lim, WKE | - |
dc.date.accessioned | 2016-10-14T06:58:47Z | - |
dc.date.available | 2016-10-14T06:58:47Z | - |
dc.date.issued | 2016 | - |
dc.identifier.citation | The Modern Law Review, 2016, v. 79 n. 3, p. 476-487 | - |
dc.identifier.issn | 0026-7961 | - |
dc.identifier.uri | http://hdl.handle.net/10722/234058 | - |
dc.description.abstract | In 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.language | eng | - |
dc.publisher | Blackwell Publishing Ltd. The Journal's web site is located at http://www.modernlawreview.co.uk/default.asp | - |
dc.relation.ispartof | The Modern Law Review | - |
dc.rights | The definitive version is available at www.blackwell-synergy.com | - |
dc.title | Attribution and the Illegality Defence | - |
dc.type | Article | - |
dc.identifier.email | Lim, WKE: elimwk@hku.hk | - |
dc.identifier.authority | Lim, WKE=rp01531 | - |
dc.identifier.doi | 10.1111/1468-2230.12193 | - |
dc.identifier.scopus | eid_2-s2.0-84964397427 | - |
dc.identifier.hkuros | 267765 | - |
dc.identifier.volume | 79 | - |
dc.identifier.issue | 3 | - |
dc.identifier.spage | 476 | - |
dc.identifier.epage | 487 | - |
dc.publisher.place | United Kingdom | - |
dc.identifier.issnl | 0026-7961 | - |