Beaumont & Anor v Ferrer

Beaumont & Anor v Ferrer

The claimants' injuries were caused by their own criminal acts of making off without payment, which were integral to the claim and not merely incidental. The ex turpi causa maxim bars recovery, and any negligence by the respondent was overwhelmed by the claimants' criminal conduct. There is no liability for the respondent.

Parties
Appellant: Joseph Thomas Beaumont; Appellant: Lewis O’Neill; Respondent: David Ferrer
Jurisdiction
England and Wales
Judgment Date
19 July 2016
Procedural Posture
Civil Appeal / Judgment and Order
Outcome
appeal dismissed
Legal Topics
Negligence, Causation, Illegality (ex Turpi Causa), Contributory Negligence

Case Brief

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Parties

Joseph Thomas Beaumont

Appellant

Lewis O’Neill

Appellant

David Ferrer

Respondent

Procedural Posture

Civil Appeal / Judgment and Order

  1. 1 Whether the respondent taxi driver was negligent in driving off with open doors and unbelted passengers
  2. 2 Whether the claimants' injuries were caused by their own criminal conduct or the respondent's negligence
  3. 3 Whether the ex turpi causa maxim bars recovery for injuries sustained during commission of a crime

Ratio Decidendi

The claimants' injuries were caused by their own criminal acts of making off without payment, which were integral to the claim and not merely incidental. The ex turpi causa maxim bars recovery, and any negligence by the respondent was overwhelmed by the claimants' criminal conduct. There is no liability for the respondent.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellants shall pay the respondent’s costs of the appeal.