Negligence – Defence. In dismissing the claimants' appeal, the Court of Appeal, Civil Division, held that the defendant taxi driver had breached his duty of care to the claimant passengers, who had both suffered serious injuries from having 'jumped' a taxi, namely, from having got out of the taxi with the intention of making off without paying the fare. However, it was a stronger case to apply the maxim ofex turpi causa non oritur actio, especially since the crime of making off without payment had been far from incidental, but integral, both to the claim itself and any negligence on the part of the defendant driver.