Agheampong v Allied Manufacturing (London) Ltd. [2008] EW Misc 4 (EWCC) (30 June 2008)

Agheampong v Allied Manufacturing (London) Ltd. [2008] EW Misc 4 (EWCC) (30 June 2008)

The claimant is barred from recovering damages for loss of use (credit hire charges) because, on the balance of probabilities, he would have continued to use the vehicle without compulsory insurance, which is a criminal offence. Public policy (ex turpi causa) precludes compensation for loss arising from unlawful...

Source-derived case information.

Citation
[2008] EW Misc 4 (EWCC)
Parties
Claimant: Claimant (unnamed); Defendant: Defendant (unnamed)
Jurisdiction
England and Wales
Judgment Date
30 June 2008
Procedural Posture
Civil / Judgment on Preliminary Issue (ex Turpi Causa/illegality Point)
Outcome
Claim for damages for loss of use (credit hire charges) dismissed on grounds of illegality (ex turpi causa).
Legal Topics
Ex Turpi Causa (illegality), Credit Hire Claims, Loss of Use Damages, Motor Insurance Requirements, Public Policy in Tort
Tort Insurance Law Civil Procedure Ex Turpi Causa (illegality) Credit Hire Claims Loss of Use Damages Motor Insurance Requirements Public Policy in Tort

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Parties

Claimant (unnamed)

Claimant

Defendant (unnamed)

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issue (ex Turpi Causa/illegality Point)

Legal Issues

  1. 1 Whether the claimant is barred by the doctrine of ex turpi causa from recovering damages for loss of use of his vehicle (credit hire charges) due to driving without compulsory insurance.
  2. 2 Whether the claimant would, on the balance of probabilities, have continued to use the vehicle unlawfully (without insurance) during the period claimed.

Ratio Decidendi

The claimant is barred from recovering damages for loss of use (credit hire charges) because, on the balance of probabilities, he would have continued to use the vehicle without compulsory insurance, which is a criminal offence. Public policy (ex turpi causa) precludes compensation for loss arising from unlawful conduct. The evidence, including the Motor Insurers' Database and the claimant's lack of credible explanation or documentation, supports the conclusion that he would have driven uninsured during the relevant period.

Court Disposition

Claim for damages for loss of use (credit hire charges) dismissed on grounds of illegality (ex turpi causa).

Orders

  • Judgment for the defendant on the ex turpi causa point.
  • Credit hire issue reserved for further evidence and submissions.