The widow of the deceased claimed damages from one of the attackers who had been convicted of her husband’s manslaughter. The question was whether, given the conviction, she was entitled to entry of judgment as to liability without trial. The defendant argued that the deceased had provoked that assault, and that the maxims ex turpi causa non oritur actio, volenti non fit injuria, both applied.
Held: The case had to go forward to trial for a full exploration of the facts and assessment of any mitigation.
Lord Denning MR, Orr, Waller LJJ
[1976] EWCA Civ 3, [1977] QB 94
Bailii
England and Wales
Citing:
Cited – Gray v Barr CA 1971
A husband had accidentally shot and killed his wife’s lover after threatening him with a shotgun.
Held: The court confirmed the decision at first instance. He was not liable to be indemnified by his insurers for the losses claimed against him . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Personal Injury
Updated: 11 December 2021; Ref: scu.262710
