Wallett & Ors v Vickers [2018] EWHC 3088 (QB) (14 November 2018)

Wallett & Ors v Vickers [2018] EWHC 3088 (QB) (14 November 2018)

The claim is not barred by ex turpi causa as no criminal joint enterprise with the necessary mental element was established; damages are recoverable subject to a 60% reduction for contributory negligence.

Source-derived case information.

Citation
[2018] EWHC 3088
Parties
Appellant/claimant: Kelly Wallett; Respondent/defendant: Michael Vickers
Jurisdiction
England and Wales
Judgment Date
14 November 2018
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed; judgment for claimant.
Legal Topics
Fatal Accidents Act 1976, Ex Turpi Causa, Contributory Negligence, Criminal Joint Enterprise, Dangerous Driving
Tort Personal Injury Negligence Fatal Accidents Act 1976 Ex Turpi Causa Contributory Negligence Criminal Joint Enterprise Dangerous Driving

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Parties

Kelly Wallett

Appellant/claimant

Michael Vickers

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the claim is barred by ex turpi causa due to criminal joint enterprise
  2. 2 Whether dangerous driving constitutes turpitude barring recovery
  3. 3 Appropriate reduction for contributory negligence

Ratio Decidendi

The claim is not barred by ex turpi causa as no criminal joint enterprise with the necessary mental element was established; damages are recoverable subject to a 60% reduction for contributory negligence.

Court Disposition

Appeal allowed; judgment for claimant.

Orders

  • Judgment for claimant for £86,000 (40% of agreed quantum)