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Nicholas Strauss QC

Nicholas is a barrister, arbitrator and mediator practising at One Essex Court, Temple.

Articles by this author

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The illegality principle: Patel (2)

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. 

25 April 2017
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The illegality principle: Patel (1)

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. 

21 March 2017
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