Smith v Stratton and MIB [08.12.15]
The Claimant was a passenger in a Vauxhall Astra driven by the First Defendant. Whilst being followed by a police car, the First Defendant lost control of the Astra which collided with a parked vehicle. The Claimant suffered a severe brain injury. The First Defendant’s insurers avoided the relevant insurance policy for non-disclosure and misrepresentation. The Court of Appeal upheld the dismissal of the claim against the MIB. The Judge had been entitled to infer that the Claimant had been involved in selling drugs from the car. He was also entitled to apply the maxim of ex turpi causa non oritur actio (an action may not be founded on illegality). The issues raised in Delaney v Secretary of State for Transport  were of no assistance to the Claimant.