Podcast Location:
Download it here [file size: 24.5 MB]
Categories:
Corporate & Commercial Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

The aim of this CPD podcast is to explore the doctrine/defence of illegality in tortious and contractual disputes. It will be relevant to those practitioners in commercial or insurance law, or to those with an interest in civil defences generally. Ben Elkington will explore the background and scope of the defence and attempts to rationalise it's application by looking at the different purposes for which the defence is deployed.

In its latter stages, the podcast will also look at how the illegality principles were applied in the recent House of Lords decision in Moore Stephens [2009].

Outcomes:
After completing the course you will:
  • Know the nature and potential scope the doctrine of ex turpi causa;
  • Understand the consequences on a legal dispute if it the doctrine applies;
  • Be aware of the different attempts to rationalise the defence of illegality and the criticisms made by the Law Commission in its consultation paper;
  • Know the defences to the application of the rule Understand the illegality issues put before the House of Lords in Moore Stephens v Stone & Rolls Ltd [2009];
  • Have explored the 'very thing' argument raised in House of Lords in Moore Stephens [2009];
  • Know how the illegality defence applies where the defendant is a company.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Law Commission Consultation Paper No 189;
  • Moore Stephens (a firm) v Stone Rolls Ltd [2009] UKHL 39;
  • Tinsley v Milligan [1994] 1 AC 340;
  • Gray v Thames Trains Ltd and another [2008] EWCA Civ 713;
  • Awwad v Geraghty & Co [2001] QB 570;
  • Geismar v Sun Alliance & London Insurance Ltd [1978] 1 QB 386;
  • Taylor v Bhail [1996] CLC 377;
  • Everet v Williams [1725] 68 LJQB 549;
  • Reeves v Commissioner of the Police of the Metropolis [2000] 1 AC 360.

In this podcast, Ben Elkington, barrister at 4 New Square discusses illegality as a defence to actions in tort and contract. The podcast will address the background and rationale to the ex turpi causa doctrine and then goes on to discuss how the principles were applied in the decision in Moore Stephens v Stone & Rolls Ltd [2009]

Podcast added: 23/10/09

Podcast last reviewed: 2011-07-25

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