## Facts

- The claimant, Joyce, and the defendant, O’Brien, jointly committed theft of building materials from a building site.
- Following the theft, O’Brien drove a van as the two attempted to escape the scene.
- During the getaway attempt, Joyce fell from the moving van and sustained serious injuries.
- Joyce brought a negligence claim against O’Brien, alleging negligent driving.
- At trial, the judge recognized the joint illegal enterprise but found O’Brien’s alleged recklessness fell outside its scope, giving rise to a potential duty of care.
- The defendant appealed this finding to the Court of Appeal.

## Issues

1. Whether a claimant engaged in a joint illegal enterprise can recover damages for injuries sustained during the commission of a crime.
2. Whether O’Brien’s allegedly reckless driving constituted conduct fundamentally different from the agreed-upon illegal act, affecting the application of ex turpi causa.
3. Whether foreseeability of injury, within the context of a joint illegal enterprise, influences liability.

## Decision

- The Court of Appeal held that ex turpi causa non oritur actio barred recovery, as the claimant’s injuries were directly connected to the joint illegal activity.
- O’Brien’s act of driving the getaway van was not fundamentally different from the theft; it was a necessary part of the crime.
- The risk of injury was foreseeable and a natural consequence of the circumstances of the illegal enterprise.
- The court refused to allow damages for injury sustained in the course of a joint illegal enterprise, dismissing the claim.

## Legal Principles

- The doctrine of ex turpi causa non oritur actio precludes recovery of damages where harm arises from the claimant’s participation in illegal activity.
- Liability may be excluded if the claimed loss results directly from acts within the scope of a joint illegal enterprise.
- The court will assess whether the act causing injury was fundamentally different from the agreed-upon criminal activity.
- Foreseeability of injury is relevant; voluntary involvement in a criminal activity with natural risks bars recovery.

## Conclusion

The Court of Appeal clarified that parties engaged in joint illegal enterprises cannot recover damages for injuries sustained in the course of crime if the injury is sufficiently connected to the illegal act. The ex turpi causa doctrine was applied to uphold public policy and deter unlawful behavior, thereby dismissing the claimant’s negligence claim.


Joyce v O'Brien [2013] EWCA Civ 546