Dowling & Rutter & Ors v Abacus Frozen Foods Ltd [2000] ScotCS 69 (15 March 2000)

Dowling & Rutter & Ors v Abacus Frozen Foods Ltd [2000] ScotCS 69 (15 March 2000)

The court held that the distinction between illegality in formation and illegality in performance is valid in Scots law; the seriousness and nature of the illegality must be assessed; and that the defenders' averments of illegality and knowledge are sufficient to justify enquiry into the facts. The matter cannot be determined as a matter of relevancy at this stage and must proceed to enquiry.

Citation
[2000] ScotCS 69
Parties
Pursuers: Dowling & Rutter and Others; Defenders: Abacus Frozen Foods Limited
Jurisdiction
Scotland
Judgment Date
15 March 2000
Procedural Posture
Civil (contract) / Preliminary Pleas; Debate on Relevancy of Defences and Counterclaim
Outcome
Matter sent to enquiry; no pleas repelled at this stage; expenses reserved.
Legal Topics
Illegality in Contract, Statutory Illegality, Common Law Illegality, Public Policy, Restitution, Aiding and Abetting Statutory Offences, Specification of Pleadings
Contract Law Employment Law Immigration Law Illegality in Contract Statutory Illegality Common Law Illegality Public Policy Restitution +2 more

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Parties

Dowling & Rutter and Others

Pursuers

Abacus Frozen Foods Limited

Defenders

Procedural Posture

Civil (contract) / Preliminary Pleas; Debate on Relevancy of Defences and Counterclaim

Legal Issues

  1. 1 Whether a contract performed illegally (by supplying workers without permits) is unenforceable under Scots law
  2. 2 Whether there is a distinction between illegality in formation and illegality in performance of a contract
  3. 3 Whether the defenders' pleadings sufficiently specify the alleged illegality and knowledge (mens rea) of the pursuers

Ratio Decidendi

The court held that the distinction between illegality in formation and illegality in performance is valid in Scots law; the seriousness and nature of the illegality must be assessed; and that the defenders' averments of illegality and knowledge are sufficient to justify enquiry into the facts. The matter cannot be determined as a matter of relevancy at this stage and must proceed to enquiry.

Court Disposition

Matter sent to enquiry; no pleas repelled at this stage; expenses reserved.

Orders

  • Matter to proceed to enquiry on the facts and circumstances.
  • No order on expenses at this stage.