Publication of the week: Dr Adolfo Paolini

Paolini, A., “Auditors’ liability and corporate fraud in the UK: Does corporate size and structure matter?”, Journal of Business and Technology Law 10 J. Bus. & Tech. L. 245/266 (2015)

In this peer-reviewed article Dr Paolini suggests that the defence of illegality “ex turpi causa non oritur actio” which was effectively used in Stone Rolls v Stephen Moore [2009], is more likely to succeed in small and medium size corporate bodies, where the rules of attribution are easier to prove. Additionally, in Bilta v Nazir [2013] (Appeal pending), Stone Rolls will be tested in a case where company directors are trying to rely on the defence of illegality to escape liability for fraudulent trading.

The full text is available from the University of Maryland: http://digitalcommons.law.umaryland.edu/jbtl/vol10/iss2/4

Dr Paolini is Senior Lecturer in Commercial Law at Buckingham and Director of the LLM Programme.