Defences to negligence

A number of the cases discussed in this chapter have also been reported in the media. Here is a selection.

Patel v Mirza [2016]

Case Comment on UKSC blog -

YouTube video outlining the facts of the case -

Jackson v Murray [2015]

You can watch the Supreme Court handing down the judgment in this case here:

Don’t forget you can watch video of other cases via the Supreme Court’s YouTube channel:

Case Comment on UKSC blog:

Gray v Thames Trains [2009]

Rail crash ‘turned man into killer’ (3 March 2003)

Dan Newling, Man who claimed Paddington train crash turned him into a killer can appeal for compensation’, Daily Mail, 25 June 2008

Daily Telegraph law report -

Case Comment on UKSC blog -

You cannot benefit from your own wrong (19 June 2009) [now behind a paywall - your institution may have a subscription, alternatively it will be available via LexisNexis]

News report on the Paddington/Labroke Grove train crashes (the background to Gray) - including interviews with survivors

BBC news report – including links to eye witness videos on Paddington train crash – background to Gray v Thames Trains

Collett v Smith and Another [2008]

A BBC news report including a video report from his solicitor

'Man United trainee Ben Collett awarded record £4.5 million over injury' Marcus Leroux (12 August 2008)

Badger v Ministry of Defence [2005]

BBC news report on Badger v Ministry of Defence [2005]


Law Commission Consultation Papers on Illegality

The Illegality Defence, March 2010

Law Commission discussion of illegality defence

Lord Sumption’s speech on Illegality, April 2012

‘Reflections on the Law of Illegality’

An up-date on Pitts v Hunt?

‘Can a thief sue the reckless driver of the get-away car? BLG legal update on Joyce v O'Brien, [2013] EWCA Civ 546, 14 June 2013

Contributory Negligence

Cycle helmets and contributory negligence

An article on Drinkall v Whitwood as well as other cycle helmet cases

A blog post from the Guardian on ‘Why wearing a helmet could affect your legal status’


Morris v Murray [1990]

Pitts v Hunt [1990]

Jones v Livox Quarries [1952]

Gray v Thames Trains [2009]

Jackson v Murray [2015]

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