Smith v Stratton & Anor

Smith v Stratton & Anor

The claimant was voluntarily present in the vehicle as part of a joint enterprise for drug dealing and knowingly participated in evasion of lawful apprehension; the injury was caused by the criminal act, not merely incidental, thus ex turpi causa bars recovery and clause 6 of the 1999 Agreement exempts the Motor Insurers Bureau from liability.

Parties
Claimant: Grant Smith; Litigation Friend: Deborah Bonner; First Defendant: Anthony Stratton; Second Defendant: Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
26 June 2014
Procedural Posture
Personal Injury / Liability Trial
Outcome
claim dismissed
Legal Topics
Ex Turpi Causa, Motor Insurance Liability, Joint Enterprise, Drug Related Criminality, Compensation Agreements
Tort Insurance Civil Procedure Ex Turpi Causa Motor Insurance Liability Joint Enterprise Drug Related Criminality Compensation Agreements

Case Brief

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Parties

Grant Smith

Claimant

Deborah Bonner

Litigation Friend

Anthony Stratton

First Defendant

Motor Insurers Bureau

Second Defendant

Procedural Posture

Personal Injury / Liability Trial

Legal Issues

  1. 1 Whether the claimant is barred from recovery by the ex turpi causa principle due to involvement in criminal activity
  2. 2 Whether the Motor Insurers Bureau is exempted from liability under clause 6 of the 1999 Agreement
  3. 3 Whether the claimant was voluntarily participating in drug dealing and evasion of lawful apprehension

Ratio Decidendi

The claimant was voluntarily present in the vehicle as part of a joint enterprise for drug dealing and knowingly participated in evasion of lawful apprehension; the injury was caused by the criminal act, not merely incidental, thus ex turpi causa bars recovery and clause 6 of the 1999 Agreement exempts the Motor Insurers Bureau from liability.

Court Disposition

claim dismissed

Orders

  • Claim against both defendants dismissed.