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Christopher Melton KC - MIB allegation of Ex Turpi Causa failed

21st October 2021

In this case the MIB allegation of Ex Turpi Causa failed.

The Claimant drove at slow speed deliberately into collision with the rear of the Defendants vehicle which was parked in a public car park. This incensed the Defendant who pursued the Claimant at high speed and deliberately forced him off the road causing severe brain injury. The defendant was convicted of causing serious injury by dangerous driving. The MIB accepted that contributory negligence cannot apply in cases where deliberate injury is caused but maintained that the Claimant’s claim was defeated by the Ex Turpi doctrine.

In a comprehensive Judgment His Honour Judge Bird analyses the current state of the law and emphasises the limited scope of the doctrine in Personal Injury cases.

This is the most recent in a series of cases where Chris Melton QC has successfully fought this issue against MIB having earlier succeeded in the cases of Liam Clark before Mrs Justice Yip and Daniel McCracken before the Court of Appeal.

To view the Judgment, please click here