*/
Negligence – Defence. The claimant, DM, brought a claim in respect of injuries suffered in an accident, in which the stolen or unlawfully taken trials bike, ridden far too fast by the first defendant and upon which DM was riding as a pillion passenger, collied with a minibus driven by the third defendant, DB. The judge rejected the defence of ex turpi causa and found DB had driven negligently, although damages were reduced by 45% to reflect DM's contributory negligence. The Court of Appeal, Civil Division, held, inter alia, that the relationship between DM's turpitude, namely, his participation in the joint enterprise to ride the bike dangerously, and his claim in negligence against DB, was not such as to debar the claim. The causal contribution of the dangerous riding of the bike could and should be taken into account in the assessment of contributory negligence.
Negligence – Defence. The claimant, DM, brought a claim in respect of injuries suffered in an accident, in which the stolen or unlawfully taken trials bike, ridden far too fast by the first defendant and upon which DM was riding as a pillion passenger, collied with a minibus driven by the third defendant, DB. The judge rejected the defence of ex turpi causa and found DB had driven negligently, although damages were reduced by 45% to reflect DM's contributory negligence. The Court of Appeal, Civil Division, held, inter alia, that the relationship between DM's turpitude, namely, his participation in the joint enterprise to ride the bike dangerously, and his claim in negligence against DB, was not such as to debar the claim. The causal contribution of the dangerous riding of the bike could and should be taken into account in the assessment of contributory negligence.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
For one night only at Middle Temple Hall (Sunday 26 July 2026) – Abigail Bright introduces the famed annual fundraising theatrical event. This year, Martin Shaw and Jason Watkins perform John Mortimer’s The Dock Brief, a mixture of farce and pathos and all in support of the work of the Kalisher Trust in its 30th year
