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The Problem with Perpetuity

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A missed opportunity to clarify an important aspect of contract law. It is often said that the only certain things in life are death and taxes. To that, one might be forgiven for suggesting that another certainty is that nothing is forever, although diamond lovers may beg to differ. Most modern legal relationships are not [...]
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A Recipe for Confusion

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Federal Court conflates concepts of "lifting" and "piercing" of corporate veil. In a previous article titled "Piercing the Corporate Veil" (12 June 2013), we highlighted the landmark decision of Prest v Petrodel Resources Ltd & Ors [2013] UKSC 34 in which the UK Supreme Court authoritatively clarified when the corporate veil can be pierced. The state of uncertainty [...]
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When Equity Acts in Vain

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Federal Court imposes meaningless "remedial" constructive trust. The recent decision of the Federal Court in RHB Bank Berhad v Travelsight (M) Sdn Bhd & 3 Ors & Another Appeal (Civil Appeal No. 02(f)-36-07/2013 (W), 20 November 2014.) appears to be yet another instance of the recent worrying trend in which the apex court has struggled to deal [...]
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A Question of Turpitude

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UK Supreme Court clarifies scope of illegality defence. The defence of illegality is a defence which is well-known to lawyers and which is frequently invoked by litigants in civil claims. The defence is also often referred to by its equally well-known latin name ex turpi causa non oritur actio -  no person can claim any right or [...]
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Bribes, Secret Commissions and Mr. Mahesan

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UK Supreme Court holds that bribes and secret benefits are held on constructive trust.     In the well-known case of Attorney-General for Hong Kong v Reid [1994] 1 AC 324, Lord Templeman famously observed that:   Bribery is an evil practice which threatens the foundations of any civilised society. In particular, bribery of policemen and prosecutors [...]
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Ask And Ye Shall Not Receive

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Federal Court rules unchallenged affidavit evidence insufficient to prove damages.     What is the legal position if a plaintiff who applies for summary judgment positively asserts in its supporting affidavit a sum of money said to be the loss and damage suffered by the plaintiff due to the negligence of the defendant, which supporting [...]