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ARTICLE · 09 JULY 2008

The Illegality Defence - The Next Instalment

As was widely reported in the mainstream press, the Court of Appeal recently decided that a victim of the Ladbroke Grove rail crash in 1999, who suffered from consequent post traumatic stress disorder and went on to commit manslaughter in 2001, can nevertheless claim for loss of earnings both prior to and following the killing notwithstanding that he remains detained, following his conviction, in a secure hospital under the Mental Health Act.

United KingdomLitigation, Mediation & Arbitration
Jonathan Thorpe
Jonathan Thorpe
Richard Curd
Richard Curd

As was widely reported in the mainstream press, the Court of Appeal recently decided that a victim of the Ladbroke Grove rail crash in 1999, who suffered from consequent post traumatic stress disorder and went on to commit manslaughter in 2001, can nevertheless claim for loss of earnings both prior to and following the killing notwithstanding that he remains detained, following his conviction, in a secure hospital under the Mental Health Act.

The claim for loss of earnings after his conviction had been defeated on the grounds that it was contrary to the illegality defence since it was closely connected, or inextricably bound up, with the claimant's commission of manslaughter.

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