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Ex turpi causa does not apply where loss not solely caused by criminal conduct (Court of Appeal)
Practical Law UK Legal Update Case Report 2-609-8626 (Approx. 4 pages)
Ex turpi causa does not apply where loss not solely caused by criminal conduct (Court of Appeal)
by Practical Law Dispute Resolution
In McCracken v Smith and others [2015] EWCA Civ 380, the Court of Appeal considered the illegality defence, ex turpi causa, in a personal injury claim against a negligent driver where the claimant had been engaged in criminal conduct. The judgment also considers contributory negligence.
NOTE: On 30 July 2015, the Supreme Court refused permission to appeal against this decision.
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Resource ID 2-609-8626© 2024 Thomson Reuters. All rights reserved.
Published on 23-Apr-2015
Resource Type Legal update: case report
Jurisdictions
Related Content- England
- Wales