The court must bear in mind when reaching a decision, the ‘public conscience’ element, weighing, or balancing, the adverse consequences of granting relief against the adverse consequences of refusing relief. The ultimate decision calls for a value judgment.
Judges:
Kerr LJ
Citations:
[1900] 1 QB 1
Jurisdiction:
England and Wales
Cited by:
Cited – Tinsley v Milligan CA 1992
The court considered the defence of illegal user to a claim to have established an easement by prescription: ‘These authorities seem to me to establish that when applying the ‘ex turpi causa’ maxim in a case in which a defence of illegality has been . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 09 May 2022; Ref: scu.193596