Illegality Flashcards
1
Q
What are the ‘trio of necessary conditions’ for illegality?
A
a) ‘to consider the underlying purpose of the prohibition which has been transgressed and whether that purpose will be enhanced by denial of the claim,
b) to consider any other relevant public policy on which the denial of the claim may have an impact and
c) to consider whether denial of the claim would be a proportionate response to the illegality, bearing in mind that punishment is a matter for the criminal courts.’
