Ill-Gotten Gains (September 2003, Colin McCaul QC)

Ill-Gotten Gains (September 2003, Colin McCaul QC)


In Hewison v Meridian Shipping PTE [2002], the Court of Appeal examined whether the issue of public policy prevented a claimant from recovering damages when the claim was based on an unlawful act. The Court held that the test was one of degree: is the claim, or the relevant part of it, based substantially – not merely collaterally or insignificantly – upon the unlawful act?


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