Nicholas is a barrister, arbitrator and mediator practising at One Essex Court, Temple.
The new principle introduced by the Supreme Court to govern civil claims (other than for restitution) affected by illegality is likely to result in fewer claims being barred, argues Nicholas Strauss QC in the second part of this two-part article
This article examines how the Supreme Court has resolved the fundamental difference of view (apparent in several recent cases in the Supreme Court) between supporters of, respectively, the rule-based principle expressed by Lord Mansfield in Holman v Johnson (1775) 1 Cowp 341, 343, and a more flexible rule based on an assessment of all the relevant factors in any given case and proportionality.
Money or property transferred pursuant to an illegal transaction is recoverable following the seminal case of Patel v Mirza. Nicholas Strauss QC examines the case and its implications in the first of a two-part feature
Most lawyers remember, even if little else, Lord Mansfield’s dictum in 1775 ‘ex turpi causa non oritur actio... potior est conditio defendentis’ and many are aware of the ensuing 240 years of chaotic case law resulting, as Lord Sumption has said, from the courts’ distaste for applying their own rule.
The beginning of the legal year offers the opportunity for a renewed commitment to justice and the rule of law both at home and abroad
By Louise Crush of Westgate Wealth Management sets out the key steps to your dream property
A centre of excellence for youth justice, the Youth Justice Legal Centre provides specialist training, an advice line and a membership programme
By Kem Kemal of Henry Dannell
By Ashley Friday of AlphaBiolabs
Providing bespoke mortgage and protection solutions for barristers
Joanna Hardy-Susskind speaks to those walking away from the criminal Bar
From a traumatic formative education to exceptional criminal silk – Laurie-Anne Power KC talks about her path to the Bar, pursuit of equality and speaking out against discrimination (not just during Black History Month)
James Onalaja concludes his two-part opinion series
Yasmin Ilhan explains the Law Commission’s proposals for a quicker, easier and more effective contempt of court regime
Irresponsible use of AI can lead to serious and embarrassing consequences. Sam Thomas briefs barristers on the five key risks and how to avoid them
