Willems and Pulford, ‘Ex turpi causa non oritur actio / the illegality defence: did the Supreme Court in Henderson v Dorset help PI lawyers?’

“For much of the last decade the Supreme Court has been wrestling with and waiting for an opportunity to definitively identify and explain the elusive meaning of the ex turpi / illegality defence. The question for practitioners is whether the Supreme Court managed this task in Henderson v Dorset Healthcare University NHS Trust and more particularly where does this decision leave personal injury lawyers? One of the difficulties encountered by the Supreme Court in trying to definitively explain the illegality defence has been the subject matter before them, which has often involved extreme situations …”

€ (Westlaw)

Marc Willems QC and Aaron Pulford, ‘Ex turpi causa non oritur actio / the illegality defence: did the Supreme Court in Henderson v Dorset help PI lawyers?’ [2021] Journal of Personal Injury Law (4) 181-188.

First posted 2021-12-01 15:40:06

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