header-logo header-logo

27 June 2013 / Karen O’Sullivan
Issue: 7566 / Categories: Features , LexisPSL , Personal injury , Criminal
printer mail-detail

Snakes & ladders

istock_000009238329medium

Joyce hits home that crime doesn’t pay, notes Karen O’Sullivan

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 (D) 202 (May). The case is a useful reminder of the rule often shortened to “ex turpi”, namely that the court will not allow a party to profit from a loss arising from that party’s own criminal or immoral activity.

In Joyce the claimant and his uncle stole some ladders from a householder. The pair made a hasty retreat, but the ladders were too long for their van and they did not have time to secure them properly. Consequently the ad hoc system, with foreseeable consequences, was that the claimant rode on the van’s rear footplate, holding the ladders in while with his other hand holding on to the door or roof of the van. This

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

Test Article Upgrade

Test Article Upgrade

"Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit...""There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

NEWS

Family lawyers cite financial disincentives for issuing child protection orders

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
back-to-top-scroll