Permission granted by the Supreme Court in Henderson v Dorset Healthcare.

Permission granted by the Supreme Court in Henderson v Dorset Healthcare.


CategoryNews Author Judith Ayling, Katharine Scott Date

The Supreme Court has granted Ms Henderson (who instructs Katie Scott – led by Nicholas Bowen QC of Doughty Street) permission to appeal. The issue before the Court is whether the Supreme Court case of Patel v Mirza  provides a universal test for the operation of the illegality defence across all areas of the law, and if so whether the claimant would recover damages under it, or whether in tortious claims the courts must apply the illegality defence as articulated in the House of Lords case of Gray v Thames Trains and the Court of Appeal case of Clunis. Judith Ayling is instructed as junior counsel for the Trust, led by Angus Moon QC of Serjeants Inn.


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