Can Tort Law Be Used to Deflect the Impact of Criminal Sanctions? The Role of the Illegality Defence

James Goudkamp, ‘Can Tort Law be Used to Deflect the Impact of Criminal Sanctions? The Role of the Illegality Defence’ (2006) 14 Torts Law Journal pp.20–47.

28 Pages Posted: 26 Feb 2016

See all articles by James Goudkamp

James Goudkamp

University of Oxford - Faculty of Law

Date Written: 2006

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 considerations which support and militate against the invocation of this defence in this context. This article explores these considerations and concludes that sanction-shifting actions may be permissible in limited circumstances.

Keywords: tort law, criminal law, negligence, defences, illegality

JEL Classification: K13

Suggested Citation

Goudkamp, James, Can Tort Law Be Used to Deflect the Impact of Criminal Sanctions? The Role of the Illegality Defence (2006). James Goudkamp, ‘Can Tort Law be Used to Deflect the Impact of Criminal Sanctions? The Role of the Illegality Defence’ (2006) 14 Torts Law Journal pp.20–47., Available at SSRN: https://ssrn.com/abstract=2737621

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
132
Abstract Views
981
rank
274,622
PlumX Metrics