Bypassing the firewall.
For me that's the interesting point. Not only are they scanning the local machine without consent, but they're doing so after getting past my firewall. Someone mentioned "drive by downloads" above, if you view the portscan itself as illegal then this situation isn't that different.
I agree on the grand scheme of things it's not a big deal, but the law is the law, and taking this one to court would be useful to clarify the position of anyone who is charged over a portscan in the future. Lord knows I've run a few over the years.
For that reason alone I've thrown in £50.