Joyce v O’Brien and another – WLR Daily

Joyce v O’Brien and another [2013] EWCA Civ 546; [2013] WLR (D) 182

“Where the character of a joint criminal enterprise was such that it was foreseeable that a party or parties might be subject to unusual or increased risks of harm as a consequence of the activities of the parties in pursuance of their criminal objectives, and the risk materialised, the harm could properly be said to have been caused by the criminal act of the party suffering it even if it resulted from the negligent or intentional act of another party to the criminal enterprise. Therefore, in such circumstances the principle of ex turpi causa non oritur actio would provide the negligent party with a defence to a claim for negligence by the injured party.”

WLR Daily, 17th May 2013