Gray v. Thames Trains Ltd [2009] UKHL 33

House of Lords

17 June 2009

Mr Gray had been a passenger on a train involved in the Ladbroke Grove rail crash. The train was operated by Thames Trains Ltd and the accident had been caused by Thames Train’s negligence. Although Mr Gray sustained only minor injuries, the experience caused him to suffer post-traumatic stress disorder (“PTSD”). While he was receiving treatment and taking medication for that condition he stabbed to death a pedestrian who had stepped into the path of his car. He pleaded guilty to manslaughter on the grounds of diminished responsibility caused by PTSD and was sentenced to be detained in hospital. In an action for negligence against Thames Trains he claimed general damages for his conviction, detention and feelings of guilt and remorse, and for damage to his reputation. He claimed special damages in respect of his loss of earnings until the date of trial and continuing, and he sought an indemnity against any claims which might be brought by dependants of his victim.

Held, a rule of law that was based on public policy and which was an aspect of the principle of ex turpi causa precluded a person from recovering compensation either for losses suffered in consequence of his own criminal act or for damage that was the consequence of a sentence imposed on him for a criminal act. A claimant who had committed manslaughter as a result of psychological problems caused by the negligence of a third party was therefore precluded from recovering from that third party general damages and loss of earnings flowing from his crime.