Gray v Thames Trains Ltd & Anor (Rev 1)

Gray v Thames Trains Ltd & Anor (Rev 1)

The claim for loss of earnings after the manslaughter is not inextricably bound up with the claimant’s criminal act and is not barred by public policy under ex turpi causa, provided the loss is otherwise recoverable. The issues of causation, foreseeability, and contributory fault must be determined at trial. The appeal is allowed on the ex turpi causa point.

Parties
Appellant/claimant: Kerrie Francis Gray; Respondent/defendant: Thames Trains Limited; Respondent/defendant: Network Rail Infrastructure Limited (formerly Railtrack PLC)
Jurisdiction
England and Wales
Judgment Date
25 June 2008
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed on the ex turpi causa point; issues of causation, foreseeability, and contributory fault remitted to the High Court for determination.
Legal Topics
Ex Turpi Causa Non Oritur Actio, Causation, Contributory Negligence, Damages, Mental Health and Criminal Acts
Tort Law Personal Injury Public Policy Ex Turpi Causa Non Oritur Actio Causation Contributory Negligence Damages Mental Health and Criminal Acts

Case Brief

Summary, issues, holding and outcome

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Parties

Kerrie Francis Gray

Appellant/claimant

Thames Trains Limited

Respondent/defendant

Network Rail Infrastructure Limited (formerly Railtrack PLC)

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the doctrine of ex turpi causa non oritur actio precludes the claimant from recovering loss of earnings after committing manslaughter due to PTSD caused by the defendants' negligence
  2. 2 Whether the loss of earnings is inextricably linked with the claimant’s criminal act
  3. 3 Whether there was a break in the chain of causation between the defendants’ tort and the claimant’s loss of earnings

Ratio Decidendi

The claim for loss of earnings after the manslaughter is not inextricably bound up with the claimant’s criminal act and is not barred by public policy under ex turpi causa, provided the loss is otherwise recoverable. The issues of causation, foreseeability, and contributory fault must be determined at trial. The appeal is allowed on the ex turpi causa point.

Court Disposition

Appeal allowed on the ex turpi causa point; issues of causation, foreseeability, and contributory fault remitted to the High Court for determination.

Orders

  • Appeal allowed on the ex turpi causa point.
  • Issues of causation, foreseeability, and contributory fault to be determined by the High Court.