Motor insurance: ex turpi causa

The rule of public policy, otherwise ex turpi causa non oritur actio, which precludes a claimant from succeeding in an action for damages where the claimant has been guilty of a serious criminal offence which has to be pleaded to establish a cause of action is most commonly discussed in the context of motor insurance.

Flint v Tittensor and Another [2015] EWHC 466 (QB), a case which turns on its facts, is a recent illustration of the vagueness and unpredictability of the public policy rule. The vehicle was not insured at the time, and accordingly the claim was defended by the Motor Insurers’ Bureau, but nothing turned upon that fact.