Was the claimant involved in an illegal activity?


Published by a ÀÏ˾»úÎçÒ¹¸£Àû PI & Clinical Negligence expert
Practice notes

Was the claimant involved in an illegal activity?


Published by a ÀÏ˾»úÎçÒ¹¸£Àû PI & Clinical Negligence expert

Practice notes
imgtext

If this question is answered in the affirmative, the defendant may have a complete defence to any claim brought against them. This defence is commonly known as ‘ex turpi causa non oritur actio’ which is usually shortened to ‘ex turpi causa’.

In practice, the defence is relatively unusual.

The precise ambit of the defence is uncertain. However, the following guidelines should be considered.

claimant’s responsibility has been diminished but not removed

The cases of Clunis and Gray involved claimants who were guilty of manslaughter on the grounds of diminished responsibility. In Clunis, the Court of Appeal found that the claimant’s plea of diminished responsibility accepted that their mental responsibility was substantially impaired but did not remove liability for their criminal act and therefore they had to be taken to have known what they were doing and that it was wrong. In Gray, the House of Lords held that the claimant’s claim was barred by the defence of illegality because the damages sought resulted from the sentence imposed by the criminal

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Claim definition
What does Claim mean?

The formal assertion of a cause of action by one person (the claimant) against another (the defendant).

Read more

Popular documents

Where a claimant has obtained default judgment pursuant to CPR 12.4(1) will the court order a disposal

Where a claimant has obtained default judgment pursuant to CPR 12.4(1) will the court order a disposal hearing or allocate the case to a track and give standard fast track directions?Setting aside default judgmentWhere a claimant has obtained default judgment, a defendant may still wish to defend

Assumption of risk in sports and leisure claims

Assumption of risk in sports and leisure claimsMany sports and leisure activities carry an inherent risk of injury. Participating in an extreme sport or leisure activity can make it alluring and exciting but even common and less dangerous activities and sports such as cycling, swimming, playing

Scope and impact of vicarious liability

Scope and impact of vicarious liabilityRelationships sufficiently akin to employmentIn Catholic Child Welfare Society v Various Claimants, Lord Phillips famously stated at para [19]:‘The law of vicarious liability is on the move.’The relationship that will most often give rise to vicarious liability

Material contribution in personal injury claims

Material contribution in personal injury claimsThe standard test for determining whether the defendant’s breach caused the claimant’s loss is the ‘but for’ test. This test requires the court to consider: but for the breach of the duty by the defendant, would the claimant have sustained the damage?