CLARK V FARLEY AND ANOTHER

[2018] EWHC 1007 (QB), Queen's Bench Division, Mrs Justice Yip, 2 May 2018

Insurance (motor) - Motor Insurers' Bureau - Claimant injured in collision between two uninsured motorcycles - Ex turpi causa - Whether claimant precluded from recovery by participation in joint enterprise - Contributory negligence

On 16 September 2012, a few weeks before his 16th birthday, Mr Clark was a pillion passenger on a motorcycle being driven by Mr Edmonds. The motorcycle collided with a motorcycle being driven by Mr Farley. Mr Clark, who was not wearing a crash helmet, suffered catastrophic brain injuries. The accident occurred on the "Mad Mile", a footpath in a park that had signs banning motorcycles. Neither motorcycle was roadworthy and both were dangerous and uninsured. The Motor Insurers' Bureau denied liability under the Uninsured Drivers Agreement, claiming that Mr Clark was involved in a joint illegal enterprise with Mr Edmonds and Mr Farley so that his claim was defeated by the maxim ex turpi causa non oritur actio.