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29 January 2016 / Alec Samuels
Issue: 7684 / Categories: Features
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The wrong side of the law

Alec Samuels reflects on the pros & cons of a touch of judicial illegality

The claimant has a good legal case, but the defendant points to a touch of illegality on the part of the claimant. Is this fatal to the claim? A claimant cannot be allowed to profit from illegality. The integrity of the legal system must be preserved. The court cannot condone illegality. Allowing one claimant to get away with illegality could encourage others to try to do the same.

However, there may be matters of public policy involving the public interest which will allow or justify the judge in nonetheless not acceding to the illegality defence. The illegality may be outweighed by the public policy.

Trespass

Long term trespass, unlawful illegal tortious trespass, can eventually give rise to acquired legal rights, such as easements, common land rights, even title by adverse possession. As a matter of public policy it is important that we should know our rights, and indeed the rights of others. Land and property should have a title

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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