Pitts v Hunt [1990] 3 All ER 344

Court of Appeal

Facts: P, a passenger on H’s motorbike, was injured in a crash caused by H, who was drunk, uninsured, and unlicensed. P had encouraged H’s reckless driving. P sued both H and Z, who owned the car they crashed into.

Issue:
When can the defense of volenti non fit injuria (voluntary assumption of risk) be applied?

Held: Claim failed on the grounds of illegality, with different judges having differing approaches to arrive at the result.

• Bedlam LJ:
  The courts do not support claims arising directly from illegal acts but may allow claims where the illegality is incidental and the claim is otherwise justified.

• Balcombe LJ:
  Assess whether a duty of care existed without considering the illegal nature of the actions. The nature of the illegal act and the context determine if the defense of volenti applies.

• Dillon LJ:
  The plaintiff's voluntary acceptance of risk does not negate liability for negligence if the risk was not explicitly assumed or part of the unlawful act.