ABSTRACT
The law relating to the defence of illegality in tort is not as well developed as one might expect. One reason for this is because for a long time now the popular view has been that illegality is not a defence in tort. The reasoning is that the primary purpose of modern tort law is to provide compensation for injuries caused by wrongful conduct which amounts to a tort. Few commentators have argued that as a matter of authority the defence of illegality has no place in tort. A person who uses force in the prevention of crime has a defence under section 3 of the Criminal Law Act 1967 to both a criminal and a civil action. A claim in tort for negligence and conversion may be defeated by the plaintiff’s illegality in connection with the property in respect of which the claim is brought.
