This site uses cookies.

PI Brief Update

High Court relies on ex turpi causa to reject unusual RTA claim - Anna Macey, Pupil Barrister, 12 King’s Bench Walk

11/06/12. In the unusual case of Joyce v O’Brien and Tradex [2012] EWHC 1324 (QB) the High Court rejected a claimant’s claim for compensation following a road traffic accident by relying on the maxim ex turpi causa non oritur actio (a cause of action cannot be founded on an illegal act).

Facts

The defendant, the claimant’s uncle, was driving a transit van with the claimant standing on the rear of the van, possibly its bumper, whilst holding onto otherwise unsecured ladders which protruded out the back, holding onto the van with his one remaining hand. The defendant was probably driving below the speed limit of 30 mph, although the speed was still...

Image cc Ian Britton

Read more (PIBULJ subscribers only)...


Go back to previous page

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.

Privacy Policy                 Legal Resources

© Copyright Law Brief Publishing Ltd, all rights reserved.
Published by Law Brief Publishing Ltd, company number 05966609, registered in the UK. Registered office address: 30 The Parks, Minehead, Somerset, TA24 8BT.

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.