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Legal News selected by the Inner Temple Library
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    Al Hassan-Daniel and another v Her Majesty’s Revenue and Customs [2010] EWCA Civ 1443; [2010] WLR (D) 331 “There were perceptible and sound policy reasons why the defence of ex turpi causa non oritur actio did not form part of the Strasbourg jurisprudence, save when the matter came to just satisfaction. To introduce it into [...]

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    Les Laboratoires Servier and another v Apotex Inc and others [2010] EWHC 730 (Pat); [2011] WLR (D) 111 “The court would not award compensation under a cross-undertaking for the loss sustained by an unlawful business or where the beneficiary of the cross-undertaking had to rely to a substantial extent upon his own illegality in order [...]

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    “Economically speaking, the law is generally thought to be a counter-cyclical profession.” Full story Law Society’s Gazette, 12th May 2011 Source: www.lawgazette.co.uk

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    Delaney v Pickett and another; [2011] EWCA Civ 1532;  [2011] WLR (D)  390 “In looking to the possible application of the defence of ‘ex turpi’ in a claim of negligence arising out of a road traffic accident it could be crucial to ask whether the injury in issue was truly a consequence of the claimant’s unlawful act or [...]

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    Les Laboratoires Servier and another v Apotex Inc and others [2012] EWCA Civ 593; [2012] WLR (D) 138 “The court was able to take into account a wide range of considerations in order to ensure that the ex turpi causa defence only applied where it was a just and proportionate response to the illegality in [...]

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    Domestic and Personal Injury Newsletter (PDF) Thirty Nine Essex Street, June 2012 Source: www.39essex.com

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    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 […]

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    “The press would have us believe that criminals can do what they like and then merrily sue all and sundry for the unfortunate consequences of those actions. Sadly for tabloid journalists this is simply not true as the Court of Appeal recently remind us in Joyce v O’Brien [2012] EWHC 1324 (QB), [2012] All ER […]

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    Les Laboratoires Servier and another v Apotex Inc and others [2014] UKSC 55; [2014] WLR (D) 452 ‘Although acts which constituted “turpitude” for the purposes of giving rise to the defence of ex turpi causa non oritur actio were not confined to criminal acts but included quasi criminal acts which engaged the public interest, civil […]

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    Les Laboratoires Servier and another (Appellants) v Apotex Inc and Others (Respondents) [2014] UKSC 55 (YouTube) Supreme Court, 29th October 2014 Source: www.youtube.com/user/UKSupremeCourt

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    ‘The recent case of AB v Chief Constable of X Constabulary provided the High Court with an opportunity to review the doctrine of ex turpi causa and its application in personal injury cases.’ Full story Zenith PI Blog, 15th January 2015 Source: www.zenithpi.wordpress.com

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    Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) (Revenue and Customs Commissioners intervening) [2015] UKSC 23; [2015] WLR (D) 182 ‘The defence of ex turpi causa non oritur actio is not available to company directors in a claim by the company for conspiracy to defraud the company because the directors’ […]

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    McCracken (a protected party by his litigation friend) v Smith (Damian) and others [2015] EWCA Civ 380; [2015] WLR (D) 183 ‘Where a claimant’s injury had two separate causes, one of which was his own criminal conduct in a joint enterprise with another, amounting to turpitude for the purposes of the defence of ex turpi […]

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    Jetivia SA and another (Appellants) v Bilta (UK) Limited and others (Respondents) [2015] UKSC 23 (YouTube) Supreme Court, 22nd April 2015 Source: www.youtube.com/user/UKSupremeCourt

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    ‘Personal injury arises out of criminal acts as well as legal ones. The good news is this is not a bar to recovery.’ Full story Zenith PI Blog, 8th May 2015 Source: www.zenithpi.wordpress.com

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    ‘Smith appealed against the decision of the MIB not to meet his personal injury claim when it was discovered that the First Defendant was an uninsured driver.’ Full story Zenith PI Blog, 20th January 2016 Source: www.zenithpi.wordpress.com

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    ‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causadefence.’ Full StoryZenith PI, 26th November 2018Source: zenithpi.wordpress.com