RO v Gray & Anor [2021] EWHC 2770 (QB) (15 October 2021)

RO v Gray & Anor [2021] EWHC 2770 (QB) (15 October 2021)

The claimant's criminal conduct, while serious, was not sufficiently causally connected to the injuries suffered in the collision caused by the defendant's deliberate act. The defendant's actions constituted a new and independent cause of the claimant's injuries. The policy considerations underlying the illegality defence do not justify denying the claimant a remedy in these circumstances.

Citation
[2021] EWHC 2770
Parties
Claimant: RO (by his litigation friend MI); First Defendant: Freddy Gray; Second Defendant: The Motor Insurers' Bureau
Jurisdiction
England and Wales
Judgment Date
15 October 2021
Procedural Posture
Tort (assault and Battery) / Trial of Liability Only
Outcome
Claim allowed (liability established against the defendant, subject to quantum).
Legal Topics
Illegality Defence, Assault and Battery, Dangerous Driving, Public Policy in Tort, Causation in Tort
Tort Law Personal Injury Illegality Defence Assault and Battery Dangerous Driving Public Policy in Tort Causation in Tort

Case Brief

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Parties

RO (by his litigation friend MI)

Claimant

Freddy Gray

First Defendant

The Motor Insurers' Bureau

Second Defendant

Procedural Posture

Tort (assault and Battery) / Trial of Liability Only

Legal Issues

  1. 1 Whether the claimant's claim for damages is barred by the defence of illegality (ex turpi causa) due to his own criminal conduct.
  2. 2 Whether the defendant is liable for the claimant's injuries arising from the deliberate collision.

Ratio Decidendi

The claimant's criminal conduct, while serious, was not sufficiently causally connected to the injuries suffered in the collision caused by the defendant's deliberate act. The defendant's actions constituted a new and independent cause of the claimant's injuries. The policy considerations underlying the illegality defence do not justify denying the claimant a remedy in these circumstances.

Court Disposition

Claim allowed (liability established against the defendant, subject to quantum).

Orders

  • Judgment for the claimant on liability.
  • Quantum of damages to be determined in subsequent proceedings.