Vehicular trespass to the person; battery; self-defence; ex turpi causa; volenti non fit injuria ‘A finding that the force used was disproportionate so as to preclude self-defence is simultaneously likely to mean that there is no entry point for ex turpi, or at best only a very narrow one.’ This case provides an enlightening illustration …
Continue reading "Case Report: Flint v Tittensor and the MIB [2015] EWHC 466 (QB)"
This post is only available to members.
Wills & Trusts Law Reports | December 2014 #145The claimant Arthur Watts (Arthur) sued his brother James Watts (James) in respect of trust transactions in 1998.
In 1967 Geoffrey Watts, the father of Arthur and James, made a settlement in favour of his children and grandchildren. In 1976 this trust fund was split into separate trust funds for each of Geoffrey’s children. James was one of the trustees of Arthur’s trust fund. The main beneficiaries were Arthur in his lifetime and thereafter his legitimate children. Clause 4 allowed the trustees to pay all the capital to Arthur if they considered it to be to his advantage...
Ex turpi causa; joint enterprise; recovery of damages ‘Where it can be said that the claimant’s cause of action arises in course of their participation in, or furtherance of a criminal activity, the claimant is prohibited from recovering damages due to sound policy reasons.’ In the case of David Joyce, the Court of Appeal recently …
Continue reading "Case Report: Joyce v O’Brien & anor [2013] EWCA Civ 546"
This post is only available to members.
Anna Macey considers the limits of recovery ‘Ex turpi causa is rarely used in RTA claims because there are policy arguments in favour of allowing an individual to succeed in their claim for damages, not least to prevent the costs falling on the state.’ In a recent case the Court of Appeal held that ex …
Continue reading "RTA: MIB agreement"
This post is only available to members.
