ILLEGALITY HELD NOT TO BAR CLAIM FOR REASONABLE REMUNERATION

A L Barnes Ltd v Time Talk (UK) Ltd [2003] EWCA Civ 402; [2003] All ER (D) 391 (Mar)

The Court of Appeal in A L Barnes Ltd v Time Talk (UK) Ltd [2003] EWCA Civ 402; [2003] All ER (D) 391 (Mar) held that the claimant contractors were entitled to recover reasonable remuneration for work done, notwithstanding the fact that the claimants had, through one of their employees, dishonestly assisted in a breach of trust. The fact that the mode of performing the contract involved a breach of fiduciary duty was not enough, of itself, to deny to the claimants their entitlement to recover the reasonable value of the work done. The agreement between the parties was not one to commit a crime, it was not a contract made for an illegal purpose and so the claimants were not precluded by reason of public policy from recovering under the contract.