header-logo header-logo

The wrong side of the law

29 January 2016 / Alec Samuels
Issue: 7684 / Categories: Features
printer mail-detail

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

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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll