The recent decision in Hniazdilau v Vajgel  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The court concludes that ‘the rule-based approach’ of the House of Lords in Tinsley v Milligan  1 A.C. 340 has not been superseded by ‘the policy-based approach’ of the Supreme Court in Hounga v Allen  1 WLR 2889.
Thomas Roe QC appeared for the defendant.
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October 8, 2021