Illegality

Question 1

What is the approach to illegality ?

Answer 1

Question is whether allowing recovery for something illegal would produce inconsistency and disharmony in the law, and so cause damage to the integrity of the legal system.

(1) consider underlying purpose of prohibition which has been transgressed & whether purpose enhanced by denial of claim;
(2) to consider any other relevant public policy on which denial of claim may impact;
(3) to consider whether denial would be proportionate to illegality, bearing in mind punishment is for criminal courts.