ABSTRACT
The defence of illegality has undergone significant modernisation at the hands of the judiciary in recent years and public policy considerations are much more explicitly at play. Concepts such as proportionality have become key in decision making. The authority of some of the older case law may have been cast in doubt. At the heart of the common law reform sit two Supreme Court decisions: Patel v Mirza [2016] UKSC 42; [2017] AC 467 and Stoffel v Grondona [2020] UKSC 42; [2021] AC 540 . Those two decisions have brought about a new approach should the defence of illegality be raised in negligence cases. This article looks at how this might impact on the outcome in litigation in a variety of situations.
€ (Westlaw)
Douglas Brodie, ‘The new law of illegality’, Journal of Personal Injury Litigation, 3, 180-186 (2024).
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