Is it still good law? ⚠️ This case has negative treatment (1 citation(s): e.g. doubted / not followed / overruled). Check carefully before relying on it.
How to cite
[1994] 1 AC 340
Neutral citation format (OSCOLA). Always confirm against the official judgment.
“… the principle of illegality more recently in Patel v Mirza [2016] UKSC 42 where it declined to follow the decision of the House of Lords in Tinsley v Milligan [1994] 1 AC 340 and instead fashioned a more generalised approach to the enforceability of illegal transactions. The case was not concerned with the issues of agency or attrib…”
“…The Supreme Court expressly held that Tinsley v Milligan [1994] 1 AC 340 (a mutual understanding or informal agreement case, in which the House of Lords laid down what subsequently became known as the ‘reliance principle’ that a cla…”
“…ed the wrong test for assessing the consequences of Sinocore’s illegality. He applied the overly narrow (and now discarded) test, set out in Tinsley v Milligan [1994] 1 AC 340, of whether Sinocore’s pleaded claim relied on its own fraud. He should have applied the more flexible approach laid down by the Supreme Court in Patel v Mirza…”