header-logo header-logo

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

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

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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll