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The directing mind and will test for corporate attribution was applied in a recent and complex House of Lords decision in Stone & Rolls which involved ex turpi causa. A fundamental problem of that test - the wrongdoing of the directing mind and will is to be automatically attributed to the company without any intervening premises - arose from that decision. This problem was replicated in subsequent cases. This article examines that problem, and through the lens of corporate objectives, critiques the (policy) argument - the absence of “innocent participators” - that ostensibly supports such attribution.
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