Defence - Illegality

Question 1

Kirkham v Chief Constable of the Greater Manchester Police

Answer 1

Concerned time when suicide was still illegal, Court of Appeal rejected application of illegality maxim, such conduct would not “affront the public conscience” or “shock the ordinary citizen”.

Question 2

Pitts v Hunt

Answer 2

Claim dismissed on the basis that the plaintiff’s own criminal conduct precluded him from recovering damages.

Question 3

Ashton v Turner

Answer 3

Policy considerations, claimant was passenger in car driven by defendant after a burglary they had committed.

Question 4

March v Clare

Answer 4

M was paid by a corrupt police officer to be an informant, was then arrested by honest police officers, M claimed unlawful imprisonment on the basis of having a contract with the police, claim failed.

Question 5

Cross v Kirkby

Answer 5

Injury was a result of own unlawful act, claim failed.

Question 6

Vellino v Chief Constable of GMP

Answer 6

Cannot benefit from own illegality, claimant wasn’t handcuffed, jumped from window after arrest, couldn’t sue.

Question 7

Clunis v Camden and Islington

Answer 7

Illegality point wasn’t raised, but widely thought that it would have been disallowed if it was.

Question 8

Grey v Thomas Trains

Answer 8

Illegality defence applied by court when TT was sued due to claimant killing someone as a result of PTSD caused by their negligence.

Question 9

Tinsley v Milligan

Answer 9

Civil and criminal wrongs and immoral conduct.