Bowmakers Ltd v Barnet Instruments Ltd [1945] KB 65

The Defendant hired some machine tools from the Claimant under a hire purchase agreement. The agreement did not comply with statutory requirements. The Defendant missed payments due under the agreement and the Claimant sought to recover the machines. The Defendant argued that the Claimant's illegality in failing to comply with the statutory requirements, barred their recovery.

Held:

The Claimant was successful. The Claimant did not plead the illegal agreement in making their claim. It was based on their ownership of the machine and therefore they did not need to rely on their illegality to found the claim.

Back to lecture outline on ex turpi causa in Tort Law