Patel v Mirza – permission to appeal

The Supreme Court has granted the Respondent permission to appeal in Patel v Mirza [2014] EWCA Civ 1047. William McCormick QC and Faisel Sadiq appeared on behalf of Mr. Mirza both at first instance and before the Court of Appeal. The case concerns two aspects of the illegality defence. First, the scope of the reliance principle enumerated in Tinsley v Milligan [1994] 1 AC 340, HL. Secondly, whether the transferor of property that passed under an illegal contract is entitled to recover it where the illegal purpose underlying the contract has been frustrated. Permission has been granted to appeal on the second issue. The JJSC who granted permission also requested that submissions be prepared on whether the reliance principle is engaged when a claimant bases his claim in restitution.