Source: All England Reporter
Publisher Citation: [2009] All ER (D) 162 (Jun)
Neutral Citation: [2009] UKHL 33
Court: House of Lords
Judge:

Lord Phillips of Worth Matravers, Lord Hoffman, Lord Scott of Foscote, Lord Rodger of Earlsferry and Lord Brown of Eaton-under-Heywood
Representation Anthony Scrivener QC and Toby Riley-Smith (instructed by Collins) for the claimant.
  Christopher Purchas QC and Steven Snowden (instructed by Halliwells LLP) for the defendants.
Judgment Dates: 17 June 2009

Catchwords

Negligence - Causation - Breach of duty causing or materially contributing to damage - Causal connection between breach of duty and damage - Claimant suffering post traumatic stress following train crash - Claimant fatally stabbing man - Claimant pleading guilty to manslaughter by reason of diminished responsibility - Claimant commencing proceedings in negligence against defendants - Defendants denying liability in respect of losses incurred after claimant stabbing man on basis that ex turpi causa - Judge finding claimant falling foul of ex turpi causa principle - Court of Appeal finding that claimant entitled to compensation - Whether Court of Appeal erring - Whether intervention of claimant's criminal act preventing him from recovering loss caused by criminal act.

The Case

Negligence Causation. House of Lords: Where the claimant, a victim of a rail crash, was subsequently diagnosed with post traumatic stress disorder, following which he fatally stabbed a man, the intervention of the claimant's criminal act in the causal relationship between the defendants' breaches of duty and the damage of which he complained prevented the claimant from recovering that part of his loss caused by the criminal act.

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