Wallett & Ors v Vickers

Wallett & Ors v Vickers

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

Parties
Appellant/claimant: Kelly Wallett; Deceased: Ian Hill (Deceased); Respondent/defendant: Michael Vickers
Jurisdiction
England and Wales
Judgment Date
14 November 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; judgment for claimant.
Legal Topics
Negligence, Ex Turpi Causa, Contributory Negligence, Joint Enterprise, Dangerous Driving
Tort Personal Injury Fatal Accidents Negligence Ex Turpi Causa Contributory Negligence Joint Enterprise Dangerous Driving

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Parties

Kelly Wallett

Appellant/claimant

Ian Hill (Deceased)

Deceased

Michael Vickers

Respondent/defendant

Procedural Posture

Appeal / Judgment

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 for ex turpi causa
  3. 3 Appropriate reduction for contributory negligence

Ratio Decidendi

The claim is not barred by ex turpi causa as there was no finding or sufficient evidence of a criminal joint enterprise with the necessary mental element; 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, being 40% of agreed quantum of £215,000.