1,722,758 research outputs found
Illegality after Patel v Mirza
No full textEnglish law on illegality in private law (eg illegal contracts) has long been regarded as both difficult and unsatisfactory. In 2016, the Supreme Court, sitting as a panel of nine, looked at the area again in Patel v Mirza. Here £620,000 had been paid for the defendant to bet on share prices using inside information (which, if carried out, would constitute the crime of insider dealing). The agreement was not carried out because the information was not forthcoming. Was the claimant entitled to repayment of that money? In answering that question, a majority of the Supreme Court set out a controversial new approach to this area of the law, which was vigorously rejected by the minority judges. This lecture examines the reasoning in the case and asks whether Patel v Mirza constitutes a triumph or a tragedy for the law of illegality
Restitution under an illegal contract: a Scots law perspective on Patel v. Mirza
Full text linkThe illegality doctrine is an area where Scottish materials are sparse and
conflicting. There have therefore been calls for law reform in Scotland, even along the
lines of the United Kingdom Supreme Court (UKSC) decision in Patel v. Mirza.
Moreover, Patel is already being mentioned with approval in Scottish courts and texts,
and this suggests that any case which comes after it is likely to follow it closely
Recommended from our members
Patel v Mirza: one step forward and two steps back
No full textThe decision of the Supreme Court in Patel v Mirza is now the leading case on the application of the defence of illegality to private law claims, which has resolved a controversy among the Justices of the Supreme Court as to whether the defence should be formulated as a rule of public policy, which applies automatically if certain conditions are met, or a discretion founded on justice to secure a fair result following careful consideration of the factual context of the case. While the decision is of specific relevance to the law of unjust enrichment, it will also be of significance to the operation of the defence to claims, both proprietary and personal, relating to a trust. But, although the nine Justices sitting in the Supreme Court sought to place the law on illegality on a secure and principled footing, the approach that has been adopted is likely to create even more uncertainty
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Boundary Layers in Planes of Symmetry, Part II: Calculations for Laminar and Turbulent Flow
No full text
- …
