When is illegality a defence to a tort?
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jats:titleAbstract</jats:title>jats:pThe illegality defence is an important element of private law, but its operation has been unpredictable. In jats:italicPatel v Mirza</jats:italic>, the Supreme Court opted for a flexible approach, which does not increase predictability. This approach was recently confirmed in jats:italicHenderson v Dorset Healthcare University NHS Foundation Trust</jats:italic> and jats:italicStoffel & Co v Grondona</jats:italic>. I propose a principle to guide the application of the illegality defence in tort: namely, the claim fails for illegality if the claimant's harm is the ordinary result of the claimant's wrongdoing. It is argued that the guiding principle: (i) substantially explains the case law; (ii) is normatively defensible; and (iii) makes the defence much more predictable.</jats:p>
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1748-121X