Private Law Theory

INTRODUCTION
The twenty-first century has been a period of considerable turmoil for the defence of illegality. In 2009, the House of Lords delivered judgment in Gray v Thames Trains Ltd. The defendants had negligently caused the claimant to suffer a psychiatric injury. Around two years later, the claimant, due to his altered mental state, killed a pedestrian with whom he had become embroiled in an argument. The claimant was convicted of manslaughter on the basis of diminished responsibility and then sought compensation from the defendants for various losses that were connected with his offending, including for his loss of liberty, damage caused to his reputation and feelings of guilt and remorse. The defendants contended that the claim for these losses was barred by reason of the claimant’s unlawful conduct …

€ (Westlaw)

James Goudkamp, ‘Henderson v Dorset Healthcare University NHS Foundation Trust’ (2021) 37(4) Professional Negligence 171-180.

First posted 2021-12-23 16:00:41