Joint illegal enterprise CASES

Lady justice with law books

Pitts v Hunt [1990] EWCA Civ 17

A passenger, who encouraged the drunk, unlicensed driver of a motorcycle to drive recklessly, was severely injured in a crash. The Court of Appeal held his claim for negligence was barred by the defence of illegality (*ex turpi causa*), as his injuries were inseparable from the joint criminal enterprise he was participating in. Facts The claimant, Stephen Pitts, aged 18, was a passenger on a motorcycle driven by Mr Hunt, aged 16. Both had spent the evening drinking heavily. The claimant knew that Hunt was unlicensed, uninsured, and had consumed a significant amount of alcohol. Despite this, the claimant got