The ex turpi causa defence will not bar a claim for breach of a banker-customer contract where the alleged illegality (misrepresentations in a refinancing proposal) was merely casual or adventitious to the lawful commercial banking relationship, particularly where the bank received full consideration and security. A belated application to raise the illegality defence after primary findings have been published will be refused on case management grounds. Where a business suffers both destruction of value and loss of opportunity to earn profits from a breach of contract, damages may properly encompass both a capital loss component and a loss of profit component without double counting. Delay in prosecution of proceedings caused by the plaintiff's impecuniosity resulting from the defendant's wrongful conduct does not justify reduction of pre-judgment interest.
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