header-logo header-logo

Doing wrong for doing right

31 July 2008 / Richard Scorer
Issue: 7332 / Categories: Features , Damages , Personal injury
printer mail-detail

Is it time to revisit the illegality rule, asks Richard Scorer

In 2001 the Law Commission published a consultation paper entitled The Illegality Defence in Tort (Law Commission Consultation Paper no 160). The document contained a detailed analysis of the law applying to situations where the claimant in a tort action had himself acted in an illegal manner, and the extent to which such conduct should defeat the claim: a defence still best known to lawyers by the Latin maxim ex turpi causa non oritur actio (“No cause of action may be founded upon an immoral or illegal act”). The document advocated, entirely reasonably, that the application of the illegality defence should involve “a statutory discretion, structured around a number of factors”. This careful, scholarly and perfectly sensible analysis was immediately greeted by newspaper headlines claiming that the government now intended to force law-abiding citizens to compensate criminals who had been injured while committing offences such as burglary.

The Law Commission's misfortune, perhaps, was to have chosen the illegality defence for consideration

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

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

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

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