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Illegality and Mortgage Fraud

In this article James Balance considers the limitations of the ”ex turpi causa” doctrine in shielding conveyancing solicitors from liability for professional negligence and reflects on the decision of the Supreme Court in Grondona v Stoffel & Co [2020]. The Illegality Defence: An Outline The common law defence of illegality has a venerable history. Lord Mansfield CJ referred to it long ago in Holman v Johnson (1775) 1 Cowp 341, 343, by its Latin phrase ex turpi causa non oritur…

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