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Ashton v Turner and Anr. [1981] l QB The Claimant was injured when the Defendant crashed the car in which he was a passenger. The crash occurred after they both had committed a burglary and the Defendant, who had been drinking, was driving negligently in an attempt to escape.
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Mar 14, 2017 · Areas of applicable law: Tort law – Negligence- defence of illegality. Main arguments in this case: When a duty of care is not due to a claimant who sustained injuries. The fact of the case: In this case both the claimant and the defendant were burglars.
Nov 15, 2021 · Ashton v Turner: QBD 1981. The plaintiff sought damages after being injured as a passenger in a car. He and the driver had both just been involved in a burglary, and the driver, who had taken alcohol was attempting to escape.
There was a serious accident with the car and Philip Ashton now claims against Kevin Turner and Peter McLune. Philip Ashton was badly hurt in the accident and the damages have been agreed, subject to liability, at £70,000.
The plaintiff, Philip Ashton, is now aged 24. On December 18, 1976, when he was 20, in the early hours of the morning he was a passenger in a car being driven by his friend Kevin Turner, the first defendant. The car was owned by another friend of theirs called Peter McLune, who is the second defendant.
- Queen's Bench Division
- England & Wales
- 1980
- 1980
Jun 27, 2019 · Ashton v Turner (1981) applied the defence in the context of a motoring case and until recently it may have been likely that a court would take the view that O'Shea volunteered to take the risk of injury as a consequence of drunk driving when he got into the car with Scholes in knowledge of Scholes' condition and allowed himself to be driven away.
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Ashton v Turner [1981] QB 137 Facts : The claimant was injured when the defendant crashed the car in which he was a passenger. The crash occurred after they both had committed a burglary and the defendant, who had been drinking, was driving negligently in an attempt to escape