Illegality: indemnification for criminal acts

The law of illegality was transformed by the decision of the Supreme Court in Patel v Mirza [2016] 2 Lloyd’s Rep 300. Rigid principles were replaced by a flexibility test. There are no post-Patel insurance cases, but the decision of Lord Tyre in the Court of Session Outer House, in D Geddes (Contractors) Ltd v Neil Johnson Health & Safety Services Ltd [2017] CSOH 42 shows that one particular problem created by the authorities prior to Patel has been removed.

Geddes : the facts