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THE ILLEGALITY DEFENCE - Law Commission

The Law CommissionConsultation Paper No 189 THE ILLEGALITY DEFENCEA Consultative ReportiiiiiTHE LAW Commission HOW WE CONSULTA bout the Law Commission : The Law Commission was set up by section 1 of the LawCommissions Act 1965 for the purpose of promoting the reform of the Law Commissioners are: The Rt Hon Lord Justice Etherton (Chairman), Professor ElizabethCooke, Mr David Hertzell, Professor Jeremy Horder and Kenneth Parker Chief Executive is William : We ask whether a claimant who has been involved in illegal conduct should be entitled toenforce a claim in contract, unjust enrichment, trusts and tort. We welcome views on our provisionalrecommendations. A summary is attached and an impact assessment is included in Part scope: England and consultation: This follows consultation papers on ILLEGALITY in Contracts and Trusts(1999) and the ILLEGALITY DEFENCE in Tort (2001).

v THE LAW COMMISSION THE ILLEGALITY DEFENCE CONTENTS Paragraph Page Summary viii PART I: INTRODUCTION 1 A brief history of the project 1.1 1 Further consultation 1.4 2

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