Laleng, Per (2025) Insane killers and their claims for compensation: Lewis-Ranwell heads to the Supreme Court. [Preprint] (Unpublished) (doi:10.13140/RG.2.2.14491.58400) (KAR id:110639)
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| Official URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_i... |
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Abstract
This article explores the forthcoming Supreme Court case of Lewis-Ranwell v G4S Health Services, which will clarify whether a claimant acquitted of murder by reason of insanity can bring tort claims for losses caused by their own unlawful acts. The case will test the scope of the illegality defence under the framework established in Patel v Mirza, and raises fundamental questions about the relevance of criminal responsibility, moral culpability, and legal coherence to the illegality defence. The article argues that the Court of Appeal majority reached the right result in permitting the claim, though it could have applied Patel more rigorously. It highlights the risks of denying compensation to individuals failed by institutional actors and identifies key issues for the Supreme Court: the role of moral blameworthiness, the meaning of "public confidence" in law, and whether causation analysis might help resolve the illegality conundrum. The case offers a further opportunity to clarify a difficult and important area of law.
| Item Type: | Preprint |
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| DOI/Identification number: | 10.13140/RG.2.2.14491.58400 |
| Refereed: | No |
| Name of pre-print platform: | SSRN |
| Uncontrolled keywords: | Illegality defence in tort law |
| Subjects: | K Law > KD England and Wales |
| Institutional Unit: | Schools > Kent Law School |
| Former Institutional Unit: |
There are no former institutional units.
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| Depositing User: | Per Laleng |
| Date Deposited: | 15 Jul 2025 14:15 UTC |
| Last Modified: | 16 Jul 2025 12:30 UTC |
| Resource URI: | https://kar.kent.ac.uk/id/eprint/110639 (The current URI for this page, for reference purposes) |
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