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ARTICLE · 23 AUGUST 2022

The Weekly Roundup: The Badly Behaved Edition

This judgment of the High Court illustrates the challenges of pleading illegality as a defence, particularly when the impugned law is foreign.

United KingdomFinance and Banking

Travel practitioners tend to be sunny optimists, dealing as they do with the jollier aspects of human existence; package holidays, package tours, and (more latterly) linked travel arrangements. But (readers of a nervous disposition should look away now) not everyone involved in the industry always behaves impeccably, and this week's Roundup deals with poor behaviour and its consequences in a travel and cross border context. We hope to return to happier topics next week.

Sun, sand, and suspicious dealings: Jones v McCarthy [2022] EWHC 2186 (Ch)

Introduction

This judgment of the High Court illustrates the challenges of pleading illegality as a defence, particularly when the impugned law is foreign. It also highlights the details that an expert report on illegality should contain if a court is to find that this defence is met.

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