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Can Tort Law be used to deflect the impact of criminal sanctions? The role of the illegality defence

Abstract:

The suggestion that persons convicted of criminal offences could obtain compensation or indemnity in tort in respect of penalties imposed by the criminal law would undoubtedly strike most people as bizarre and abhorrent. However, in recent years, an increasing number of actions have been brought seeking to do just this. While these actions have generally been unsuccessful as a result of the application of the illegality defence, the courts have failed to properly articulate the public policy ...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Publisher's version

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Institution:
University of Oxford
Department:
Oxford, SSD, Law, Law Faculty
Publisher:
LexisNexis Publisher's website
Journal:
Torts Law Journal Journal website
Volume:
14
Pages:
20-47
Publication date:
2006
ISSN:
1038-5967
URN:
uuid:d423ee7b-8a06-4ff5-b480-9d4217d23905
Source identifiers:
605148
Local pid:
pubs:605148

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