Archive for the 'ex turpi causa' Category

Les Laboratoires Servier and another v Apotex Inc and others – WLR Daily

Les Laboratoires Servier and another v Apotex Inc and others [2010] EWHC 730 (Pat); [2011] WLR (D) 111

“The court would not award compensation under a cross-undertaking for the loss sustained by an unlawful business or where the beneficiary of the cross-undertaking had to rely to a substantial extent upon his own illegality in order to establish the loss, provided the unlawfulness was sufficiently serious to engage the ex turpi causa rule. What was sufficiently serious depended on the circumstances of the case, and in particular the state of knowledge of the claimant under the cross-undertaking at the relevant time; but the claimant’s conduct had to be assessed having regard to the fact that the claim was for compensation under a cross-undertaking.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Al Hassan-Daniel and another v Her Majesty’s Revenue and Customs – WLR Daily

Al Hassan-Daniel and another v Her Majesty’s Revenue and Customs [2010] EWCA Civ 1443; [2010] WLR (D) 331

“There were perceptible and sound policy reasons why the defence of ex turpi causa non oritur actio did not form part of the Strasbourg jurisprudence, save when the matter came to just satisfaction. To introduce it into a claim under the Human Rights Act 1998 would be to create a barrier which citizens of other member states did not face.”

WLR Daily, 16th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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