The illegality defence was invoked in response to a claim on a property insurance.
Held: The court noted the extension of the concept of ex turpi causa non oritur actio: ‘It applies if in all the circumstances it would be an affront to the public conscience to grant the Plaintiff the relief which he seeks because the court would thereby appear to assist or encourage the Plaintiff in his illegal conduct or to encourage others in similar acts.’ He expressed that principle at by saying that the test was whether ‘in all the circumstances it would be an affront to the public conscience to grant the plaintiff the relief which he seeks because the court would thereby appear to assist or encourage the plaintiff in his illegal conduct or to encourage others in similar acts.’ That question needed to be approached ‘pragmatically and with caution, depending on the circumstances.’
Judges:
Kerr LJ
Citations:
[1990] 1 QB 1
Jurisdiction:
England and Wales
Cited by:
Cited – J v S T (Formerly J) CA 21-Nov-1996
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in . .
Cited – Les Laboratoires Servier and Another v Apotex Inc and Others SC 29-Oct-2014
Ex turpi causa explained
The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for . .
Lists of cited by and citing cases may be incomplete.
Contract, Torts – Other
Updated: 23 March 2022; Ref: scu.235293
