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's deliberate acts in driving towards the claimant, carrying him on the bonnet, and causing him to fall constituted battery; the defence of self-defence failed as the force used was not reasonable or proportionate, and the claimant's conduct, though criminal and aggressive, was not sufficiently serious to bar recovery under ex turpi causa.

Citation
[2015] EWHC 466 (QB)
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, Trespass to Person) / 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 Injuria, Contributory Negligence
Tort Law Personal Injury Civil Procedure Battery Trespass to the Person Self Defence Illegality (ex Turpi Causa) Volenti Non Fit Injuria +1 more

Case Brief

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Parties

Oliver Flint

Claimant

Elliott Tittensor

First Defendant

Motor Insurers Bureau

Second Defendant

Procedural Posture

Civil Tort (battery, Trespass to Person) / Trial of Liability Only

Legal Issues

  1. 1 Whether the first defendant committed battery/trespass to the person 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 recovery (ex turpi causa)

Ratio Decidendi

The first defendant's deliberate acts in driving towards the claimant, carrying him on the bonnet, and causing him to fall constituted battery; the defence of self-defence failed as the force used was not reasonable or proportionate, and the claimant's conduct, though criminal and aggressive, was not sufficiently serious to bar recovery under ex turpi causa.

Court Disposition

Judgment for the claimant on liability.

Orders

  • First defendant and second defendant liable for battery/trespass to person.
  • Quantum of damages to be determined in subsequent proceedings.