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The doctrine of illegality: A private law hydra

Abstract:
This article offers an analysis of the decisions of the United Kingdom Supreme Court in Hounga v Allen, Les Laboratoires Servier v Apotex Inc and Jetivia SA v Bilta (UK) Limited (in liquidation). It seeks to understand the reasons given in those cases and their implications. It will be argued that the law in this area poses, partly as a result of this trilogy of cases, significant threats to the rule of law. Consideration is given to how these threats should be headed off.
Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.19152/ukscy.658

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author
Publisher:
Cambridge Journal of International and Comparative Law Publisher's website
Journal:
Supreme Court Yearbook Journal website
Volume:
6
Pages:
254-277
Publication date:
2015-12-01
Acceptance date:
2015-11-19
DOI:
Keywords:
Pubs id:
pubs:585557
UUID:
uuid:43a18e4a-1dea-46a5-8a11-8b254bfa01d9
Local pid:
info:fedora/pubs:585557
Deposit date:
2016-09-06

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