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Contract – Illegality. The claimant sought the repayment of funds paid to the defendant for the purposes of an illegal agreement for insider dealing in shares, which had been frustrated. The judge dismissed his claim on the basis that it was barred by illegality. The Court of Appeal, Civil Division, in allowing the appeal, held that the judge had not been wrong to find that the claimant had needed to rely on any illegality in making his claim. However, it was open to the claimant to rely on the wholly unperformed illegal agreement and be entitled to recover his money, as genuine repentance on the part of the withdrawer was not required.
Contract – Illegality. The claimant sought the repayment of funds paid to the defendant for the purposes of an illegal agreement for insider dealing in shares, which had been frustrated. The judge dismissed his claim on the basis that it was barred by illegality. The Court of Appeal, Civil Division, in allowing the appeal, held that the judge had not been wrong to find that the claimant had needed to rely on any illegality in making his claim. However, it was open to the claimant to rely on the wholly unperformed illegal agreement and be entitled to recover his money, as genuine repentance on the part of the withdrawer was not required.
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