Cross v Kirby
| Jurisdiction | England & Wales |
| Neutral Citation | [2000] EWCA Civ 426 |
| Date | 2000 |
| Year | 2000 |
| Court | Court of Appeal (Civil Division) |
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17 cases
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RO (by his litigation friend MI) v Freddy Gray
...of a remedy in a personal injury claim is tantamount to treating him as an “outlaw” (a person outwith the protection of the law). In Cross v Kirkby [2000] EWCA Civ 426, Judge LJ (as he then was) said: “The medieval concept of outlawry is unacceptable in modern society. An outlaw forfeited ......
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Jetivia S.A. and Another (Appellants/6th and 7th Defendants) v Bilta (UK) Ltd ((in Liquidation)) and Others (Respondents/Claimants)
...this court suggesting that some causal connection less than the reliance test is sufficient to engage the ex turpi causa rule (see e.g. Cross v Kirby [2000] CA Transcript No. 321 per Beldam LJ), the House of Lords has re-affirmed reliance as the correct test in Stone Rolls Ltd v Moore Steph......
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Les Laboratoires Servier v Apotex Inc.
...act of another individual. Examples of cases falling on one side of the line or the other are given in the judgment of Judge LJ in Cross v Kirkby [2000] EWCA Civ 426. It was Judge LJ, at para 103, who formulated the test of "inextricably linked" which was afterwards adopted by Sir Murray S......
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Hewison v Meridian Shipping Services Pte Ltd
...no longer applies: see, for example, Clunis v Commissioner of Police, Webb v Chief Constable of Merseyside Police [2000] Q.B. 427 and Cross v Kirkby, an unreported judgment of this court given on 18 th February 2000. 60 I accept that the "affront to the public conscience" test is a false gu......
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1 firm's commentaries
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Sumption To Think About: A War About Illegality In The Supreme Court
...with the reliance test, but not co-terminus with it". He gave the following colourful example from the case of Cross v Kirkby [2000] EWCA Civ 426: "the claimant was a hunt saboteur and the defendant a local farmer. The claimant shouted to the defendant "You're f**king dead" and jabbed him i......
2 books & journal articles
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Lecture - ONES DAY PROFESSORSHIP OF COMMERCIAL LAW LECTURE 2019 – “THE STATE OF ILLEGALITY”
...36 Nelson v Nelson (1995) 184 CLR 538. 37 [2012] HCA 7. See also Miller v Miller [2011] HCA 9; (2011) 242 CLR 446. 38 Cross v Kirby [2000] EWCA Civ 426 at [76], per Beldam LJ. 39 [2014] UKSC 55; [2015] AC 430 at [22], per Lord Sumption. 40 Described by Lord Sumption as a “long-standing schi......
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The defence of joint illegal enterprise.
...If the drawbacks of a given defence outweigh the upsides, the proper course of action is to abolish it. (59) See, eg, Cross v Kirkby [2000] EWCA Civ 426 (18 February 2000) [53]-[68] (Beldam LJ) (trespass); Thackwell v Barclays Bank plc [1986] 1 All ER 676 (conversion); Thomas Brown and Sons......