Illegal acts

In some circumstances the common law principle ex turpi causa prevents an action in tort where the claimant has been injured in the course of committing an illegal act. Assuming, however, that the common law does not preclude an action, a further question arises as to whether the claimant is entitled to recover damages for his injuries under the compulsory motor insurance regime. The majority of the Court of Appeal in Delaney v Pickett and Anr [2011] EWCA Civ 1532 has sanctioned an exception to insurance recovery where the victim is a passenger.

Delaney: the facts

On 25 November 2006 the claimant, then aged 33, was visited by the defendant, who was an acquaintance. The two went out for a drive in a powerful sports car that the defendant had borrowed from his uncle, a motor trader. The vehicle was involved in a collision shortly afterwards, and the evidence showed the defendant was speeding and lost control after overtaking another vehicle and attempting to cross back to the correct side of the road. The defendant was found to have been carrying 34g of cannabis in a packet inside his sock, and the claimant was found to have been carrying under his bomber jacket some 240g of cannabis: the total street value of the two packets was either £674 or (if it had been ‘skunk’) £1,172. The claimant was seriously injured. The defendant was interviewed by the police and he asserted that the cannabis was for his personal use. In December 2007 the defendant was charged with dangerous driving and possession of 274g of cannabis. He was not charged with possession of cannabis with intent to supply. He was duly found guilty of both charges.