Harry Cross v William Dickinson Kirkby [2000] EWCA Civ 426 (1 8 February 2000)

Harry Cross v William Dickinson Kirkby [2000] EWCA Civ 426 (1 8 February 2000)

The claimant's injuries arose directly from his own criminal conduct, including assault and affray, and the defendant's response was not excessive in the circumstances. The principle of ex turpi causa non oritur actio applies, barring the claimant's recovery.

Citation
[2000] EWCA Civ 426
Parties
Claimant/respondent: Harry Cross; Defendant/appellant: William Dickinson Kirkby
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; claimant's action dismissed
Legal Topics
Self Defence, Ex Turpi Causa Non Oritur Actio, Trespass, Assault, Damages
Tort Law Personal Injury Civil Procedure Self Defence Ex Turpi Causa Non Oritur Actio Trespass Assault Damages

Case Brief

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Parties

Harry Cross

Claimant/respondent

William Dickinson Kirkby

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the defendant's use of force was lawful self-defence or excessive and disproportionate
  2. 2 Whether the claimant is barred from recovery by the principle of ex turpi causa non oritur actio

Ratio Decidendi

The claimant's injuries arose directly from his own criminal conduct, including assault and affray, and the defendant's response was not excessive in the circumstances. The principle of ex turpi causa non oritur actio applies, barring the claimant's recovery.

Court Disposition

Appeal allowed; claimant's action dismissed

Orders

  • Judgment for the defendant
  • Claimant barred from recovery of damages