McLaughlin (Opinion No. 2) v Morrison & Anor [2013] ScotCS CSOH_168 (25 October 2013)

McLaughlin (Opinion No. 2) v Morrison & Anor [2013] ScotCS CSOH_168 (25 October 2013)

The court declined to grant summary decree as the second defender's ex turpi causa defence, based on alleged serious criminal conduct by Mr Rennie, could not be determined without proof. The assessment is fact-sensitive and requires evidence beyond pleadings. Summary decree is only appropriate where it is virtually certain the defence will fail, which is not the case here.

Citation
[2013] ScotCS CSOH_168
Parties
Pursuer: Frances McLaughlin as guardian of John Rennie; First Defender: Pauline Morrison; Second Defender: Esure Services Limited
Jurisdiction
Scotland
Judgment Date
25 October 2013
Procedural Posture
Damages Action (personal Injury) / Motion for Summary Decree and Interim Payment
Outcome
Summary decree refused; motions continued for proof.
Legal Topics
Ex Turpi Causa Non Oritur Actio, Summary Decree, Duty of Care, Public Policy, Causation, Interim Payment
Tort Personal Injury Insurance Law Ex Turpi Causa Non Oritur Actio Summary Decree Duty of Care Public Policy Causation +1 more

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Parties

Frances McLaughlin as guardian of John Rennie

Pursuer

Pauline Morrison

First Defender

Esure Services Limited

Second Defender

Procedural Posture

Damages Action (personal Injury) / Motion for Summary Decree and Interim Payment

Legal Issues

  1. 1 Whether the defence of ex turpi causa non oritur actio bars recovery of damages for injuries sustained during alleged criminal conduct
  2. 2 Whether summary decree should be granted against the second defender
  3. 3 Whether the pursuer is entitled to an interim payment

Ratio Decidendi

The court declined to grant summary decree as the second defender's ex turpi causa defence, based on alleged serious criminal conduct by Mr Rennie, could not be determined without proof. The assessment is fact-sensitive and requires evidence beyond pleadings. Summary decree is only appropriate where it is virtually certain the defence will fail, which is not the case here.

Court Disposition

Summary decree refused; motions continued for proof.

Orders

  • Pursuer to lodge open record by 18 July; parties allowed period of adjustment until 5 September; motions continued until 12 September.