McCracken v Smith, MIB & Bell [2015] EWCA Civ 380

The claimant had been involved in an accident when a mini bus hit the off-road motorcycle he had been riding as a pillion passenger. Neither the claimant nor his driver had a driving licence, insurance or a crash helmet at the time of the collision. In addition, the motorcycle had been stolen, was not suitable for carrying a passenger and was being driven at excessive speed on a bicycle path. The Court of Appeal considered that the claimant’s claim against the driver of the motorcycle (and therefore the MIB) should fail due to the ex turpi causa defence. However, as far as the minibus was concerned, the negligence of that driver in not looking for cycles before proceeding had been properly found and was a separate cause to the joint enterprise of the motorcycle riders – it should be given effect subject to a reduction for contributory negligence. The Court considered the trial judge had generously underplayed the claimant’s role in the joint enterprise and substituted his reductions with one of 65%, 15% of which had been the agreed reduction for the claimant’s failure to wear a helmet.

May 28, 2015 В· Editorial Team В· Comments Closed
Posted in: Cases