Personal injury e-brief - Gray v Thames Trains and Others - UK House of Lords

Duncan Brockway, defendant personal injury solicitor

Thames Trains appealed a decision of the Court of Appeal allowing a claim by Mr Gray for lost earnings following his detention in a secure hospital. Mr Gray cross-appealed the decision not to award him general damages for feelings of guilt and remorse.

Mr Gray had suffered minor physical injuries in the Ladbroke Grove rail crash. He developed PTSD. Following a minor road traffic incident Mr Gray stabbed to death a pedestrian. He claimed damages, as described above, as well as an indemnity for any compensation he was ordered to pay to the deceased's family.

Appeal allowed (and cross-appeal dismissed) - Mr Gray was not entitled to recover any damages flowing from his criminal act.

Main points arising:-

• The appellants accepted, and always had accepted, that they were liable to Mr Gray in damages - the dispute was the extent of that liability
• The hospital detention order in Mr Gray's case was a direct result of his crime, rather than his pre-existing psychiatric condition (this is not necessarily always the case and may be relevant)
• The policy of ''ex turpi causa'' applies to the circumstances of this case. Any losses sustained by Mr Gray resulted from his criminal act and not from the Appellants' admitted negligence; Mr Gray could not recover such losses.

Note: The Court did not conclude, as it was invited to, that the voluntary and deliberate nature of Mr Gray's actions broke the chain of causation; it was the criminal nature of the act which fell under the principle of 'ex turpi causa' - see Corr v IBS Vehicles (2008), in which a widow successfully sued her late husband's former employer after her husband committed suicide several years after his initial injury. Mr Corr's suicide was voluntary and deliberate but not criminal.

If you want to discuss this case or its implications please contact Duncan Brockway of Gordons LLP on 01274 202 177 or email duncan.brockway@gordonsllp.com.

Published: 19th June 2009

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