James Morgan v Bryson Recycling Limited [2018] NIQB 12
The High Court in Northern Ireland has ruled that the failure to
MOT a vehicle is sufficient to provide a defendant with an
illegality defence to a hire claim. The decision contrasts with
previous judgments in other UK jurisdictions regarding the
applicability of the ex turpi causa defence to those criminal
offences which might ordinarily be considered minor.
Background
The Claimant's vehicle had been parked outside his home,
when a vehicle driven by a representative of the Defendant collided
with it.
A claim was submitted for the pre-action value of the car,
storage and hire costs for a replacement vehicle. The Defendant
accepted liability, agreed settlement of the PAV claim but disputed
the hire claim. The Claimant's vehicle was found not have had a
valid MOT for 4 months prior to the collision.
