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.