Cross v Kirby: CA 18 Feb 2000

Judge LJ discussed the doctrine of ex turpi causa: ‘In my judgment, where the claimant is behaving unlawfully, or criminally, on the occasion when his cause of action in tort arises, his claim is not liable to be defeated ex turpi causa unless it is also established that the facts which give rise to it are inextricably linked with his criminal conduct. I have deliberately expressed myself in language which goes well beyond questions of causation in the general sense.’
Judge LJ
Unreported, 18 Feb 2000
England and Wales
Cited by:
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 . .

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Updated: 19 May 2021; Ref: scu.258467