Defence - Illegality Flashcards

1
Q

Kirkham v Chief Constable of the Greater Manchester Police

A

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”.

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2
Q

Pitts v Hunt

A

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

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3
Q

Ashton v Turner

A

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

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4
Q

March v Clare

A

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.

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5
Q

Cross v Kirkby

A

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

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6
Q

Vellino v Chief Constable of GMP

A

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

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7
Q

Clunis v Camden and Islington

A

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

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8
Q

Grey v Thomas Trains

A

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

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9
Q

Tinsley v Milligan

A

Civil and criminal wrongs and immoral conduct.

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