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Revill v Newbery

[1996] 1 All ER 291

Case summary last updated at 18/01/2020 18:26 by the Oxbridge Notes in-house law team.

Judgement for the case Revill v Newbery

P was robbing D’s hut and D fired a gun through a hole in the door, injuring P. P sued for damages and the CA held the defence of ex turpi causa did NOT apply, so that P’s claim was allowed. 

Neill LJ: The Ex turpi causa defence does notonly relate to illegal acts but also where “in all the circumstances it would be an affront to the public conscience if by affording him the relief sought the court was seen to be indirectly assisting or encouraging the plaintiff in his criminal act.” However in this case legislation had prevented occurpier’s from treating burglars as an outlaw and therefore in firing a gun, P owed a duty of care to those he might hit and, because of LEGISLATION only, the defence could not be used. 

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