Lord Grabiner focused on the illegality defence. The scope of this defence is now so uncertain that the Supreme Court has suggested that it needs the urgent attention of a seven or nine member panel of that court (Bilta v Nazir, 2015). The principal tension is one between certainty and flexibility. The advantages of a rule that is certain are obvious: it pays attention to the needs of litigating parties and their advisers, and the idea of the rule of law. Yet the complaint can be that outcomes can seem to rest on a technicalities.
Lord Grabiner QC delivers Allen & Overy Lecture on 'Public Policy, Illegality and Contracts'
1. Lord Grabiner QC delivers
Lord Grabiner QC delivers Allen &
Overy Lecture on 'Public Policy,
Illegality and Contracts'
2. On Tuesday 24 November 2015, Lord (Tony) Grabiner QC delivered the 2015
Cambridge Private Law Centre Allen & Overy Annual Law Lecture
entitled "Public Policy, Illegality and Contracts".
3. Lord Grabiner focused on the illegality defense. The scope of this defence is
now so uncertain that the Supreme Court has suggested that it needs the
urgent attention of a seven or nine member panel of that court (Bilta v Nazir,
2015).
4. The principal tension is one between certainty and flexibility. The advantages
of a rule that is certain are obvious: it pays attention to the needs of litigating
parties and their advisers, and the idea of the rule of law.
