header-logo header-logo

Sticking power: The Rule that just won’t go away

30 July 2021 / Lydia Danon , Rosie Wild , Andrew Flynn
Issue: 7943 / Categories: Features , Fraud
printer mail-detail
53852
Lydia Danon, Rosie Wild and Andrew Flynn reflect on a useful and enduring tool for parties to a contractual claim and their lawyers
  • Looks at evolution and present-day application of The Rule (from Pigot’s Case in 1614) in fraud law.
  • How The Rule interacts with other legal remedies.

One of the more striking aspects of the common law tradition is how long-forgotten precedents, which survive through contemporary accounts in historic case reports, can endure in their practical impact centuries later. Such rules can languish as their relevance and applicability fail to resonate with different social norms and changes to the conduct of business from which they evolved. This article considers whether the rule in Pigot’s Case (1614) 1 Co Rep 26b, 77 ER 1177 (The Rule) is ripe to be plucked from (near) obscurity to be used as a weapon in a fraud lawyer’s arsenal, or if it should be abandoned to the annals of history.

The Rule

According to the 33rd

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll