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Illegality Defense Developments In UK And Cayman Islands

Law360 (November 27, 2018, 4:39 PM EST) -- The principles that a person should not benefit from his own wrongdoing and that the law should not condone illegality are longstanding. Keen legal historians might be aware that these are precepts in Roman law and there are echoes in Deuteronomy. In its broadest form, it extends to conduct which is not just illegal but also unethical.

The parameters of the common law illegality defense and equitable “clean hands” doctrine[1] have undergone significant developments in recent years and the English and Cayman Islands courts have recently given further guidance.

The origins of the illegality defense date back to 1725 when this was considered in Everet v. Williams,[2]...

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