Tinsley v Milligan
| Jurisdiction | UK Non-devolved |
| Judge | Lord Keith of Kinkel,Lord Goff of Chieveley,Lord Jauncey of Tullichettle,Lord Lowry,Lord Browne-Wilkinson |
| Judgment Date | 24 June 1993 |
| Judgment citation (vLex) | [1993] UKHL J0624-2 |
| Date | 24 June 1993 |
| Court | House of Lords |
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455 cases
- Pang Mun Chung and Another v Cheong Huey Charn
- Quinn & Others v Irish Bank Resolution Corporation Ltd
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Chandrakant Patel v Salman Mirza
...case of In re Great Berlin Steamboat Company (1884) 26 Ch.D 616. 42 The position is resumed shortly by Lord Browne-Wilkinson in Tinsley v Milligan [1994] 1 AC 340 at 374, where he stated that "the effect of illegality is not to prevent a proprietary interest in equity from arising or to pro......
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Patel v Mirza
...A central part of their judgments, and of Mr Mirza's argument, concerns the doctrine of reliance applied by the House of Lords in Tinsley v Milligan [1994] 1 AC 340 : see paras 17–20. That decision led to the Law Commission conducting a comprehensive review of the law of illegality and ma......
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19 firm's commentaries
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Claims By Insolvent Companies Against Fraudulent Directors
...of the court, with the exception of Lord Sumption, called for this issue and the authorities bearing on it (such as Tinsley v Milligan [1994] 1 AC 340) to be revisited in an appropriate future case (see Lord Neuberger at [15], Lord Mance at [34] and Lords Toulson and Hodge at Likewise, ther......
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Forgery, Shams And The Defence Of Illegality In Property Transactions
...in their entirety and therefore void. Secondly, from Patel v Mirza [2017] AC 467, Grondona and the discussion in Tinsley v Milligan [1994] 1 AC 340 on this issue, it is clear that property rights, including equitable property rights, can pass under an illegal contract even if that contract ......
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Forgery, Shams And The Defence Of Illegality In Property Transactions
...in their entirety and therefore void. Secondly, from Patel v Mirza [2017] AC 467, Grondona and the discussion in Tinsley v Milligan [1994] 1 AC 340 on this issue, it is clear that property rights, including equitable property rights, can pass under an illegal contract even if that contract ......
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Why Is The "illegality" Defence Back In The Spotlight?
...only worked if the defendant could show that the claimant had to rely on the illegality in order to bring the claim: Tinsley v Milligan [1994] 1 AC 340. In Patel v Mirza [2016] UKSC 42, the Supreme Court decided that this approach was too In Patel, the claimant gave the defendant '620,000 t......
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44 books & journal articles
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Change of position and restitution for wrongs: 'ne'er the twain shall meet'?
...Gorman: at 253. (43) The concept of 'illegality' by its very nature is hard to define, though it is clear from both Tinsley v Milligan [1994] 1 AC 340 and Nelson v Nelson (1995) 184 CLR 538 that it relates to claims which would run seriously counter to public (44) See Andrew Tettenborn, The......
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CONTRACTUAL ILLEGALITY AND CONFLICT OF LAWS
...Quaere whether this aspect of the case requires reconsideration in the light of the House of Lords’ decision in Tinsley v. Milligan[1993] 3 W.L.R. 126. 122 [1995] 2 S.L.R. 466 at 473F. 123 [1995] 1 S.L.R. 394 at 410. 124 Theresa Chong v. Kin Khoon & Co. [1976] 2 M.L.J. 253 at 256, Federal C......
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Contract Law
...para 9.2 supra, with regard to partnership), MPH Rubin J considered the criticism of the House of Lords decision in Tinsley v Milligan[1993] 3 All ER 65, particularly by the High Court of Australia in Nelson v Nelson(1995) 184 CLR 538 (and see generally Phang, ‘Of Illegality and Presumption......
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Illegality
...applies as against cases where it is rebutted by the equitable presumption of advancement. The latter principle holds that 292 [1993] 3 All ER 65 (HL) [ Tinsley ]. 293 Gorog v Kiss (1977), 78 DLR (3d) 690 (Ont CA), leave to appeal to SCC refused (1977), 18 NR 484 (SCC). See also Scheuerman ......
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