From: | Robert Stevens <robert.stevens@ucl.ac.uk> |
To: | obligations@uwo.ca |
Date: | 30/07/2009 19:30:34 UTC |
Subject: | Illegality Defence (again) |
The House of Lords have handed down Moore Stephens v Stone Rolls Ltd
http://www.publications.parliament.uk/pa/ld200809/ldjudgmt/jd090730/moore-1.htm
Reduced to its essentials, it concerns a company which was used as a
vehicle for fraud. It goes into liquidation, and sues its auditors for
negligently failing to prevent the frauds being committed. The majority
hold that the claim fails on the basis ex turpi causa non oritur actio.
Quite right too.
We discussed the first instance decision a couple of years ago (
http://www.ucc.ie/law/odg/admin/2007.htm - Alice in Wonderland)
Rob
--
Robert Stevens
Professor of Commercial Law
University College London