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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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THE CURRENT IMPORTANCE OF PLEADINGS 43: SHOULD THE COURT STRIKE OUT A DEFENCE THAT RELIES ON "FOREIGN ILLEGALITY"? WHAT DETAIL IS NEEDED?

THE CURRENT IMPORTANCE OF PLEADINGS 43: SHOULD THE COURT STRIKE OUT A DEFENCE THAT RELIES ON “FOREIGN ILLEGALITY”? WHAT DETAIL IS NEEDED?

December 11, 2025 · by gexall · in Applications, Civil Procedure, Members Content, Statements of Case, Striking out

This case considers the matters that a defendant must plead if it wants to rely on a defence of “foreign illegality”. That is the claim should not succeed because some of the matters were (allegedly) unlawful in a foreign jurisdiction. …

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