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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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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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