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“…the law on illegality is not entirely clear in this jurisdiction.” This was the position expressed by BVI Commercial Court Judge, Justice Adrian Jack in his judgments...
The general doctrine of ‘illegality’, in commercial litigation, is based on two related principles: Firstly, that no person should benefit from his or her own illegal act or wrong; and Secondly, that the law (and the Court) should not condone, reward, or enforce, illegal behaviour. In jurisdictions such as Bermuda, the British Virgin Islands, and the Cayman Islands, the alleged ‘illegality’ of one party or another is often relied upon, in practice, as a defence to a claim, whether the claim is asserted in contract, tort, equity, or restitution. It is quite often asserted, for example,...