Have you renewed your MOT? RTA claims and “ex turpi causa” – UK Human Rights Blog

Posted December 10th, 2024 in accidents, causation, ex turpi causa, illegality, insurance, negligence, news, road traffic and tagged by sally

‘Ali v HSF Logistics Polska SP ZOO [2024] EWCA 1479. This was a very simple case that illustrates in a nutshell the courts’ approach to the principle of “ex turpi causa”: the notion that prevents a claimant from seeking a legal remedy if the claim arises in connection with their own illegal or immoral act. Even in a civil case, courts are reluctant to allow a party to benefit from their own wrongdoing, as it may be seen as contrary to the interests of justice and social morals. However, it cannot be a blanket rule, as we shall see from the case below. Proportionality has to to be applied.’

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UK Human Rights Blog, 10th December 2024

Source: ukhumanrightsblog.com