Hewison v Meridian Shipping Pte & Ors [2002] EWCA Civ 1821 (11 December 2002)

Hewison v Meridian Shipping Pte & Ors [2002] EWCA Civ 1821 (11 December 2002)

The claim for future loss of earnings is barred by public policy because it is substantially based on the claimant's continued criminal deception of his employers, which is neither collateral nor insignificant but central to the claim. The principle from Hunter v Butler applies: a claimant cannot recover damages where the claim is founded on unlawful acts.

Citation
[2002] EWCA Civ 1821
Parties
Claimant/appellant: Timothy Hewison; Defendant/respondent: Meridian Shipping Pte; Defendant/respondent: Coflexip Stena Offshore Ltd; Defendant/respondent: Flex Installer Offshore Ltd
Jurisdiction
England and Wales
Judgment Date
11 December 2002
Procedural Posture
Personal Injury Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Illegality Defence, Loss of Earnings, Personal Injury, Employers Liability (defective Equipment) Act 1969, Ex Turpi Causa, Breach of Statutory Duty
Tort Employment Public Policy Illegality Defence Loss of Earnings Personal Injury Employers Liability (defective Equipment) Act 1969 Ex Turpi Causa +1 more

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Parties

Timothy Hewison

Claimant/appellant

Meridian Shipping Pte

Defendant/respondent

Coflexip Stena Offshore Ltd

Defendant/respondent

Flex Installer Offshore Ltd

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether public policy/illegality prevents recovery of loss of earnings where future earnings would require criminal deception
  2. 2 Whether the claimant's deceit was collateral or central to the claim
  3. 3 Application of ex turpi causa principles to quantum of damages

Ratio Decidendi

The claim for future loss of earnings is barred by public policy because it is substantially based on the claimant's continued criminal deception of his employers, which is neither collateral nor insignificant but central to the claim. The principle from Hunter v Butler applies: a claimant cannot recover damages where the claim is founded on unlawful acts.

Court Disposition

Appeal dismissed

Orders

  • Claimant not entitled to recover loss of earnings based on employment as AB/crane operator
  • No damages for loss of congenial sea-going career or free board and lodging