Sarah Green and Alan Bogg (eds), Illegality after Patel v Mirza
| DOI | 10.3366/elr.2020.0667 |
| Published date | 01 September 2020 |
| Date | 01 September 2020 |
| Pages | 454-455 |
| Author |
The nine-judge decision in
The facts of the case were simple, but as so often a simple set of facts not only led to divisions of opinion in the court but also leads the contributors to this collection into variance with each other. This is not only apparent from the substance of their contributions. The editors reveal that at the workshop where the essays were first presented a straw poll showed that nine out of fourteen participants thought Mr Patel's claim should have been denied on moral grounds. The story was that by agreement Patel paid Mirza £620,000 to use to make bets on the performance of certain shares, based on inside information which however failed to materialise. The court held unanimously that Mirza should repay Patel despite the illegality of their agreement but differed on the way this result was to be achieved.
Six of the...
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