Ex Turpi causa non oritur actio (claim based upon illegal acts cannot succeed)

[judgemental24]

This one really is for the legal bods

I know this applies in civil laws with a codified constitution such as mainland europe

Does it apply to the UK under English common law??

English common law is private, public and criminal law


I will give an exmple under English civil law that is real and i have been asked to look over (Case stayed)

If a creditor does a reposession of a car for non payment and in the process commits an unlawful act such as removing the vehicle off private property without consent or a court order:

Let us leave the third out of the equaltion and keep it basic

Will any further legal action in the courts such as a CCJ application by the creditor be lawful under Ex Turpi causa non oritur actio??

Surly one legal act cannot succeed on a previous illegal act through causation?

[pt2537]

Re: Ex Turpi causa non oritur actio (claim based upon illegal acts cannot succeed)

This one really is for the legal bods

I know this applies in civil laws with a codified constitution such as mainland europe

Does it apply to the UK under English common law??

English common law is private, public and criminal law


I will give an exmple under English civil law that is real and i have been asked to look over (Case stayed)

If a creditor does a reposession of a car for non payment and in the process commits an unlawful act such as removing the vehicle off private property without consent or a court order:

Will any further legal action in the courts such as a CCJ application by the creditor be lawful under Ex Turpi causa non oritur actio??

Surly one legal act cannot succeed on a previous illegal act through causation?

This question will be tricky to answer without more info. is the car under a regulated HP agreement? has the debtor engaged the provisions of the act which give the vehicle protected goods status?

[judgemental24]

Re: Ex Turpi causa non oritur actio (claim based upon illegal acts cannot succeed)

No, the goods were not protected as the third had not been reached in the repayments

They just came and lifted the car overnight from a private drive, not his own

[pt2537]

Re: Ex Turpi causa non oritur actio (claim based upon illegal acts cannot succeed)

s92 CCA then would apply

[judgemental24]

Re: Ex Turpi causa non oritur actio (claim based upon illegal acts cannot succeed)

But can the creditor now sue in the county court for breach of agreement??

What is the punishment for breach of statutory duty under s.92??

Can unlawful repudiation of contract be used,

What if the creditor has already terminated the agreement??

[pt2537]

Re: Ex Turpi causa non oritur actio (claim based upon illegal acts cannot succeed)

Well thats the $64million dollar question, can the creditor sue? yes, can he win, thats another question entirely and one that cant really be answered until more info is available

[judgemental24]

Re: Ex Turpi causa non oritur actio (claim based upon illegal acts cannot succeed)

I will phone him tomorrow with an update

Many thanks for looking in, it is appreciated

Before you go

is Ex Turpi causa non oritur actio applicable under english common law Tort or just our friends on the continent with codified constitutions??

[R0b]

Re: Ex Turpi causa non oritur actio (claim based upon illegal acts cannot succeed)

Tort usually negligence, contract usually fraud of some sort and I believe the law commission made recommendations regarding trusts but yet to be implemented.

Can also relate to fabrication of evidence.

[pt2537]

Re: Ex Turpi causa non oritur actio (claim based upon illegal acts cannot succeed)

This maxim applies not only to tort law but also to contract, restitution, property and trusts.

[judgemental24]

Re: Ex Turpi causa non oritur actio (claim based upon illegal acts cannot succeed)

Thanks people, saved me burning the midnight oil on that one