Gray v Barr, [1971] 2 All ER 949 CA
Citation: Gray v Barr, [1971] 2 All ER 949 CA
Rule of thumb: Is there an exception to the illegality principle? Can you have acted illegally & still obtain some legal rights? Sometimes an exception can be made, and sometimes it can even be extended, like it was in this case, where a man was acquitted of killing his wife & still held not to be entitled to any of her estate.
Judgment:
The facts of this case were that a man killed his wife. At the criminal trial he was acquitted of this by the jury. The Court however held that he was not entitled to any benefits from his wife’s estate, because on the balance of probabilities rather than reasonable doubt, he was held to have committed a crime, ‘Manslaughter varies from conduct which is almost murder to conduct which is only criminal in the technical sense. It would be foolish to lay down any general rule’, Phillimore J ay 970, ‘There is no doubt, to my mind, that Mr Bar was guilty of manslaughter. I know that at the criminal trial he was acquitted altogether. But that was a merciful verdict, and in this action we must, when called upon, give the true decision according to law’, Lord Denning at 956 (follow on from crime) Gray v Barr - 6 [1971] 2 QB 554 – Where someone suffered some pain and suffering in the period before their death as a result of someone else’s criminal acts or negligence relatives are entitled to claim damages for this as well, ‘… if [the deceased] had lived, i.e., only been injured and not died, and living would have been entitled to maintain an action and recover damages - then his widow and children can do so. They stand in his shoes in regard to liability, but not as to damages’, Lord Denning MR at 569
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.