Negligence – Defence. In a personal injury claim relating to a catastrophic brain injury that the claimant suffered when he was a pillion passenger in an off-road motor cycle collision, the second defendant Motor Insurers' Bureau failed in its defence of ex turpi causa non oritur actio. Accordingly, the Queen's Bench Division, allowed the claim, subject to a reduction of 40% to take account of the claimant's contributory negligence.