header-logo header-logo

04 July 2013 / Keith Patten
Issue: 7567 / Categories: Features , Personal injury
printer mail-detail

On the same page

Keith Patten supports the quest for coherence in personal injury law

While this approach is to be welcomed it does not answer all the problems of application of the doctrine to individual cases.

While latin has largely fallen out of fashion in our legal system, the maxim ex turpi causa non oritur actio seems to have clung on, perhaps because its usual translation (“from a dishonourable cause an action does not arise”) captures something rather more subtle than the general alternative of “illegality”.

As the common law developed, it would have been open to the courts to rule out any claim in negligence for those injured while engaged in any illegal act whatsoever. Such an approach might have the benefit of simplicity but it would also be extremely harsh. To say that a driver injured by the negligence of another driver could not recover compensation merely because the injured claimant was exceeding the speed limit by a few miles per hour would, to most people, seem absurd and unjust. But, inevitably, once it

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll