Practice and Procedure

DAVID MICHEAL JOYCE (BY HIS LITIGATION FRIEND STEPHANIE TARRANT) v (1) EDWARD GERALD O'BRIEN (2) TRADEX INSURANCE CO LTD (2013)

PUBLISHED May 17, 2013
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[2013] EWCA Civ 546

Where the character of a joint criminal enterprise was such that it was foreseeable that a party to the enterprise could be subject to unusual or increased risks of harm as a consequence of the pursuit of those criminal activities, any resulting injury could properly be said to be caused by the claimant's criminal act even if it resulted from the negligent or intentional act of another party to the illegal enterprise.

CA (Civ Div) (Elias LJ, Rafferty LJ, Ryder LJ)

17/05/2013

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