In English law, public policy refers to legal principles designed to protect societal interests, morals, and values by restricting contractual or legal outcomes that are harmful or against the public good.
Public policy acts as a safeguard, preventing agreements or actions that contravene established ethical standards, societal well-being, or essential justice principles, regardless of parties’ intentions.
Agreements violating public policy are generally unenforceable, and courts refuse to uphold terms detrimental to societal interests.
Recognising public policy ensures contracts and legal arrangements adhere to broader societal ethics, maintaining fairness, justice, and societal harmony.
February 19, 2026
Folgate agreed to indemnify Milbank under a settlement agreement containing a clause releasing Folgate from payment if Milbank became insolvent before payment was due. When Milbank entered administration, Chaucer (as assignee) challenged the clause. The Court of Appeal held clause 11 void as infringing the anti-deprivation principle. Facts Following a...
February 14, 2026
In the recent judgement Lewis-Ranwell v G4S Health Services (UKSC/2024/0040), the Supreme Court held that the illegality defence can bar a negligence claim even where the claimant was found not guilty by reason of insanity for unlawful killings that sit at the centre of the loss claimed.
February 14, 2026
A man who killed three people during a psychotic episode was found not guilty of murder by reason of insanity. He sued healthcare providers for negligence, claiming damages for his detention and other losses. The Supreme Court held that the illegality defence barred his civil claim despite his lack of...
January 18, 2026
Rush & Tompkins, a main contractor, settled with GLC but faced a subcontractor's claim. The subcontractor sought discovery of 'without prejudice' settlement correspondence. The House of Lords held that without prejudice communications are protected from discovery by third parties in connected litigation to encourage settlement negotiations. Facts Rush & Tompkins...
January 18, 2026
A convicted criminal sued his barrister for negligence in conducting his defence at trial. The House of Lords unanimously held that barristers enjoy immunity from negligence claims arising from their conduct of litigation, based on public policy considerations including the barrister's duty to the court and the administration of justice....
September 29, 2025
Iraqi Airways incorporated Kuwait Airways' aircraft into its fleet following Iraq's invasion of Kuwait. The House of Lords held that Iraq's decree transferring ownership was contrary to public policy as it violated established international law, and refused to recognise it. Kuwait Airways succeeded in claims regarding aircraft recovered from Iran....
September 29, 2025
Parents wrongly suspected of child abuse sought damages for psychiatric injury caused by doctors' negligent misdiagnosis. The House of Lords held that healthcare professionals investigating child abuse owe no duty of care to parents, only to the child, due to the potential conflict of interest between protecting children and parents'...
September 24, 2025
Mr Gray suffered PTSD from the Ladbroke Grove rail crash caused by the defendants' negligence. Under the effects of this condition, he killed a pedestrian and was convicted of manslaughter with diminished responsibility. He claimed damages for loss of earnings during detention. The House of Lords held public policy precluded...
August 28, 2025
During a coal strike, colliery owners requested police be billeted at their premises to protect safety men working the pumps. The police superintendent believed a mobile force would suffice but agreed to provide a garrison upon the owners signing a requisition promising payment. The House of Lords held that where...
August 28, 2025
Five men engaged in consensual sadomasochistic homosexual activities were convicted of assault occasioning actual bodily harm and wounding. The House of Lords held that consent is no defence to charges under sections 20 and 47 of the Offences Against the Person Act 1861 where actual bodily harm is deliberately inflicted,...
March 10, 2026
National Case Law Archive
March 10, 2026
National Case Law Archive
March 10, 2026
National Case Law Archive