ABSTRACT
It is a fundamental principle of English law that the courts will generally not assist the plaintiff to obtain a remedy where his or her action is founded on an illegal transaction. The rationale behind this denial of restitution in equity is a matter of controversy. It may be founded, like the common law rule, on the ex turpi causa principle, which is a strict principle of public policy whereby restitution is denied regardless of the justice of the case. There is no accepted definition of what constitutes illegality. The word is not a term of art but is generally used simply to describe a state of affairs which is contrary to law. Illegality is not, however, confined to unlawfulness, since the notion of illegality also encompasses transactions which can be considered to be contrary to public policy. Where the plaintiff transfers property to the defendant pursuant to an illegal transaction then it is effective to pass title.
