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
Summary, issues, holding and outcome
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Parties
Joseph Thomas Beaumont
Appellant
Lewis O’Neill
Appellant
David Ferrer
Respondent
Procedural Posture
Civil Appeal / Judgment and Order
Legal Issues
- 1 Whether the respondent taxi driver was negligent in driving off with open doors and unbelted passengers
- 2 Whether the claimants' injuries were caused by their own criminal conduct or the respondent's negligence
- 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.
Full Case Text
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