- Applying the ‘range of factors’ test to the doctrine of illegality (Knight v Knight)
- What are the practical implications of this decision?
- What was the background to this judgment?
- What were the issues for the court to determine?
- What did the court decide?
Private Client analysis: James Egan and Richard Dew, barristers at Ten Old Square Chambers, who acted for the claimant, analyse the decision of Knight v Knight, a case that illustrates the application of the ‘range of factors’ approach to illegality in trusts disputes. The case marks a departure from the previously applied ‘reliance test’, and this new approach arguably allows for courts to make more nuanced decisions.
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