The illegality principle: solicitors liable after inadvertently failing to give effect to a fraudulent agreement

September 13, 2018

Grondona v Stoffel & Co [2018] EWCA Civ 2031

The public policy interest in solicitors’ clients being able to seek civil remedies for inadequate performance of their professional services trumped the potentially undesirable consequences of allowing such claims even when they arose in the context of a fraudulent mortgage transaction, the Court of Appeal decided in Grondona v Stoffel & Co [2018] EWCA Civ 2031. The solicitors’ attempt to rely on the defence of ex turpi causa therefore failed.

Dan Stacey of Hailsham Chambers represented the appellant and cross-respondent. Read Alice Nash’s case analysis here.

Related barristers