Restitution Under an Illegal Contract: A Scots Law Perspective on Patel v. Mirza

In: European Review of Private Law, Band 26, Heft 2, S. 273-281

Abstract

Abstract: The illegality doctrine is an area where Scottish materials are sparse and conflicting. There have therefore been calls for law reform in Scotland, even along the lines of the United Kingdom Supreme Court (UKSC) decision in Patel v. Mirza. Moreover, Patel is already being mentioned with approval in Scottish courts and texts, and this suggests that any case which comes after it is likely to follow it closely.