C severely injured in train crash caused by D's negligence & subsequently suffered mental breakdown & killed another person
C detained & sought damages from D for loss of earnings
could illegality be raised as a defence?
defence successful: contrary to public policy to allow C to recover for damage as consequence of own criminal conduct
Lord Hoffmann: .. but for the tort, [the claimant] would not have killed. But the rule of public policy invoked in this case... is based upon the inconsistency of requiring someone to be compensated for a sentence imposed because of his own personal responsibility for a criminal act...