Guidance on illegality in Belarusian share dispute

28 January 2016

The recent decision in Hniazdilau v Vajgel [2016] EWHC 15 (Ch), a share ownership dispute concerning valuable commercial property in Minsk, Belarus, contains a useful discussion of the state of the law on illegality: see paras 187 and following.

The court concludes that ‘the rule-based approach’ of the House of Lords in Tinsley v Milligan [1994] 1 A.C. 340 has not been superseded by ‘the policy-based approach’ of the Supreme Court in Hounga v Allen [2014] 1 WLR 2889.

Thomas Roe QC and Alexander Halban appeared for the defendant.