Gujra v Roath & Anor

Gujra v Roath & Anor

The claim is barred by the doctrine of illegality as the claimant's actions were part of a conspiracy to defraud an insurance company, and the risks materialised were inherent to the illegal enterprise. The Master was entitled to infer the claimant's knowledge of the illegality given the absence of any plausible explanation or denial. The public policy underlying the prohibition against fraudulent insurance claims would be undermined if a party to such an enterprise could recover damages for consequences arising from it.

Parties
Claimant & Appellant: Dalvinder Gujra; Defendant & Respondent: Balbir Roath; Defendant & Respondent: Shakti Roath
Jurisdiction
England and Wales
Judgment Date
19 April 2018
Procedural Posture
Civil Appeal / Appeal From Order Striking Out Claim and Granting Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Malicious Prosecution, Illegality Defence, Summary Judgment, Strike Out Applications
Tort Law Civil Procedure Malicious Prosecution Illegality Defence Summary Judgment Strike Out Applications

Case Brief

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Parties

Dalvinder Gujra

Claimant & Appellant

Balbir Roath

Defendant & Respondent

Shakti Roath

Defendant & Respondent

Procedural Posture

Civil Appeal / Appeal From Order Striking Out Claim and Granting Summary Judgment

Legal Issues

  1. 1 Whether the claim for malicious prosecution and breach of duty of care is barred by illegality (ex turpi causa)
  2. 2 Whether summary judgment and strike out were appropriate given the factual issues, particularly the claimant's state of mind
  3. 3 Whether the illegal agreement was sufficiently closely connected to the cause of action to bar the claim

Ratio Decidendi

The claim is barred by the doctrine of illegality as the claimant's actions were part of a conspiracy to defraud an insurance company, and the risks materialised were inherent to the illegal enterprise. The Master was entitled to infer the claimant's knowledge of the illegality given the absence of any plausible explanation or denial. The public policy underlying the prohibition against fraudulent insurance claims would be undermined if a party to such an enterprise could recover damages for consequences arising from it.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed; order of Master Davison upheld