Flint v Tittenso & Anor (Rev 1) [2015] EWHC 466 (QB) (26 February 2015)

Flint v Tittenso & Anor (Rev 1) [2015] EWHC 466 (QB) (26 February 2015)

The first defendant committed battery by deliberately driving at the claimant, causing him to end up on the bonnet, and then accelerating and swerving to throw him off, which was not justified as self-defence. The force used was retaliatory, not defensive, and was disproportionate to any threat posed. The claimant's own illegal conduct was not sufficiently serious or inextricably linked to bar the claim under ex turpi causa.

Citation
[2015] EWHC 466
Parties
Claimant: Oliver Flint; First Defendant: Elliott Tittensor; Second Defendant: Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
26 February 2015
Procedural Posture
Civil (tort Battery) / Trial of Liability Only
Outcome
Judgment for the claimant on liability.
Legal Topics
Battery, Trespass to the Person, Self Defence, Illegality (ex Turpi Causa), Volenti Non Fit Iniuria
Tort Law Personal Injury Battery Trespass to the Person Self Defence Illegality (ex Turpi Causa) Volenti Non Fit Iniuria

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Oliver Flint

Claimant

Elliott Tittensor

First Defendant

Motor Insurers Bureau

Second Defendant

Procedural Posture

Civil (tort Battery) / Trial of Liability Only

Legal Issues

  1. 1 Whether the first defendant committed battery against the claimant
  2. 2 Whether the first defendant's actions were justified as reasonable self-defence
  3. 3 Whether the claimant's own illegal conduct bars his claim under ex turpi causa

Ratio Decidendi

The first defendant committed battery by deliberately driving at the claimant, causing him to end up on the bonnet, and then accelerating and swerving to throw him off, which was not justified as self-defence. The force used was retaliatory, not defensive, and was disproportionate to any threat posed. The claimant's own illegal conduct was not sufficiently serious or inextricably linked to bar the claim under ex turpi causa.

Court Disposition

Judgment for the claimant on liability.

Orders

  • First defendant found liable in battery for injuries caused to the claimant.
  • Assessment of damages to be determined in subsequent proceedings.