MOORE STEPHENS v STONE & ROLLS LTD

[2008] Lloyd's Rep. Plus 65

COURT OF APPEAL

Before Lord Justice Mummery, Lord Justice Keene and Lord Justice Rimer

Illegality of contract – Claim by bank against company for fraud committed against bank by controller of company – Subsequent claim by company’s liquidators against its auditors – Whether claim barred by illegal conduct of company’s controller – Ex turpi causa non oritur actio – Whether knowledge of controller imputed to company – Fraud exception in Re Hampshire Land.