McLaughlin v Morrison & Anor [2013] ScotCS CSOH_163 (16 October 2013)

McLaughlin v Morrison & Anor [2013] ScotCS CSOH_163 (16 October 2013)

The court declined to grant summary decree in favour of the pursuer against the second defender because the ex turpi causa defence, as advanced and adjusted by the second defender, raised factual issues regarding Mr Rennie's alleged participation in serious criminal conduct that could not be resolved without proof. The assessment of whether public policy bars recovery is fact-sensitive and requires evidence. The test for summary decree is not met as it cannot be said that the defence is bound to fail.

Citation
[2013] ScotCS CSOH_163
Parties
Pursuer: Frances McLaughlin as guardian of John Rennie; First Defender: Pauline Morrison; Second Defender: Esure Services Limited
Jurisdiction
Scotland
Judgment Date
16 October 2013
Procedural Posture
Personal Injury/damages Action / Motion for Summary Decree and Interim Payment; Consideration of Ex Turpi Causa Defence
Outcome
Summary decree refused; case to proceed to proof.
Legal Topics
Ex Turpi Causa Non Oritur Actio, Summary Decree, Public Policy, Causation, Duty of Care
Tort Personal Injury Insurance Law Ex Turpi Causa Non Oritur Actio Summary Decree Public Policy Causation Duty of Care

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 3 Authorities cited 20 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Frances McLaughlin as guardian of John Rennie

Pursuer

Pauline Morrison

First Defender

Esure Services Limited

Second Defender

Procedural Posture

Personal Injury/damages Action / Motion for Summary Decree and Interim Payment; Consideration of Ex Turpi Causa Defence

Legal Issues

  1. 1 Whether the defence of ex turpi causa non oritur actio bars recovery of damages for injuries sustained by the pursuer's ward allegedly while engaged in criminal conduct
  2. 2 Whether summary decree should be granted in favour of the pursuer against the second defender

Ratio Decidendi

The court declined to grant summary decree in favour of the pursuer against the second defender because the ex turpi causa defence, as advanced and adjusted by the second defender, raised factual issues regarding Mr Rennie's alleged participation in serious criminal conduct that could not be resolved without proof. The assessment of whether public policy bars recovery is fact-sensitive and requires evidence. The test for summary decree is not met as it cannot be said that the defence is bound to fail.

Court Disposition

Summary decree refused; case to proceed to proof.

Orders

  • Pursuer's motion for summary decree against the second defender refused.
  • Case to proceed to proof on the merits, including the ex turpi causa defence.