Cakebread v Hopping Bros Ltd: CA 1947

Cohen LJ discussed the doctrine of ex turpi causa non oritur actio, saying: ‘The maxim ex turpi causa is based on public policy, and it seems to me plain on the facts of this case that public policy, far from requiring that this action shall be dismissed, requires that it shall be entertained and decided on its merits.’


Cohen LJ


[1947] KB 641


England and Wales

Cited by:

CitedNational Coal Board v England HL 1954
The plaintiff sought damages after being injured when a co-worker fired a shot. The employee however had himself coupled the detonator to the cable rather than leaving it to the shotfirer, and had his cimmitted a criminal offence. He had been found . .
CitedVellino v Chief Constable of Greater Manchester Police CA 31-Jul-2001
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 08 April 2022; Ref: scu.258465