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RETURNING TO CLARITY AND PRINCIPLE: THE PRIVY COUNCIL ON STACK v DOWDEN

Published online by Cambridge University Press:  17 November 2017

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Extract

In Marr v Collie (Bahamas) [2017] UKPC 17, a Board of the Privy Council comprising Lord Neuberger, Lady Hale, and Lords Kerr, Wilson, and Sumption has interpreted Stack v Dowden [2007] UKHL 17; [2007] 2 A.C. 432 in a way that many may find surprising. However, on close examination Marr is a clear and correct interpretation of Stack, dispelling misunderstandings by returning to its ratio.

Type
Case and Comment
Copyright
Copyright © Cambridge Law Journal and Contributors 2017 

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