Joyce & Anor v O'Brien & Anor

Joyce & Anor v O'Brien & Anor

The claim fails because the claimant and first defendant were engaged in a joint criminal enterprise (theft and getaway), and the claimant's injuries were directly caused by acts integral to that crime. Public policy and the doctrine of ex turpi causa preclude the existence of a duty of care and bar recovery for injuries sustained in the course of the criminal enterprise.

Parties
Claimant: Mr David Michael Joyce (by his litigation friend Miss Stephanie Tarrant); First Defendant: Mr Edward Gerald O'Brien; Second Defendant: Tradex Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
17 May 2012
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Negligence, Ex Turpi Causa Non Oritur Actio, Joint Criminal Enterprise, Duty of Care, Causation, Public Policy
Tort Law Insurance Law Negligence Ex Turpi Causa Non Oritur Actio Joint Criminal Enterprise Duty of Care Causation Public Policy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Mr David Michael Joyce (by his litigation friend Miss Stephanie Tarrant)

Claimant

Mr Edward Gerald O'Brien

First Defendant

Tradex Insurance Company Limited

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant can recover damages for personal injury sustained during the commission of a joint criminal enterprise with the first defendant
  2. 2 Whether the doctrine of ex turpi causa non oritur actio bars the claim
  3. 3 Whether a duty of care exists between participants in a joint criminal enterprise

Ratio Decidendi

The claim fails because the claimant and first defendant were engaged in a joint criminal enterprise (theft and getaway), and the claimant's injuries were directly caused by acts integral to that crime. Public policy and the doctrine of ex turpi causa preclude the existence of a duty of care and bar recovery for injuries sustained in the course of the criminal enterprise.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed with costs to follow the event, subject to any submissions on special features.