Gray v Thames Trains Ltd. & Anor

Gray v Thames Trains Ltd. & Anor

The claimant's claim for losses suffered after 19 August 2001 is inextricably bound up with his own criminal act of manslaughter, for which he was legally responsible, albeit with diminished responsibility. Public policy precludes the court from entertaining such a claim, and the principle of ex turpi causa applies. Losses suffered before the manslaughter are recoverable.

Parties
Claimant: Kerrie Francis Gray; Defendant: Thames Trains Limited; Defendant: Network Rail Infrastructure Limited (formerly Railtrack PLC)
Jurisdiction
England and Wales
Judgment Date
06 July 2007
Procedural Posture
Personal Injury/negligence / Judgment After Trial of Preliminary Issue
Outcome
Claim for losses after 19 August 2001 dismissed; claim for losses before that date recoverable in principle.
Legal Topics
Negligence, Ex Turpi Causa Non Oritur Actio, Causation, Damages, Illegality Defence
Tort Law Personal Injury Public Policy Negligence Ex Turpi Causa Non Oritur Actio Causation Damages Illegality Defence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Kerrie Francis Gray

Claimant

Thames Trains Limited

Defendant

Network Rail Infrastructure Limited (formerly Railtrack PLC)

Defendant

Procedural Posture

Personal Injury/negligence / Judgment After Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the claimant is precluded by public policy (ex turpi causa) from recovering damages for losses suffered after committing manslaughter due to diminished responsibility caused by PTSD resulting from the defendants' negligence.

Ratio Decidendi

The claimant's claim for losses suffered after 19 August 2001 is inextricably bound up with his own criminal act of manslaughter, for which he was legally responsible, albeit with diminished responsibility. Public policy precludes the court from entertaining such a claim, and the principle of ex turpi causa applies. Losses suffered before the manslaughter are recoverable.

Court Disposition

Claim for losses after 19 August 2001 dismissed; claim for losses before that date recoverable in principle.

Orders

  • Claim for losses suffered after 19 August 2001 is dismissed.
  • Claim for losses suffered before 19 August 2001 is recoverable in principle.