a drug dealer will be paid compensation by the government for the injuries he suffered in a high speed crash, despite being found with cannabis on him to sell   after a ruling by judges at the appeal court sean delaney, of bedworth, warwickshire, was left with long term disabilities and personality changes after the mercedes he was in, driven by an acquaintance, crashed in 2006 near nuneaton delaney, a father of four, had to be cut free from the wreckage of the crash by firefighters and a football sized portion of cannabis   worth around £1,000   was found in his jacket the department of transport had initially refused to pay delaney any compensation because he was caught in a criminal act, namely the sale of cannabis senior judges at the court of appeal have ruled that the government must pay costs and compensation, likely to run into millions, to a man severely injured in a car crash who had cannabis judges said a uk law that allowed insurers to refuse paying people involved in crime compensation contravenes an eu directive  however senior have ruled that the uk policy of refusing to compensate accident victims who have been knowingly involved in crime contravenes eu directives concerning motor insurance they have ordered the department of transport to pick up the bill for the breach the government must now pay around £180,000 of delaney's expected £250,000 costs as well as pay him compensation for his multiple injuries, a sum that is likely to run into millions because of the extent of his injuries delaney had 'gone for a spin' with his acquaintance, shane pickett, who lost control of the £80,000 mercedes 500sl sports car at high speed after trying to overtake on a bend in november 2006 the car crashed into a toyota people carrier the mercedes then ended up in a garden and hit a tree its roof and passenger door had to be cut off to remove pickett and delaney from the wreckage delaney suffered severe head injuries and brain damage with nine weeks loss of memory, and multiple fractures and internal injuries, and a changed personality a fireman found a package of cannabis hidden in pickett's sock and, when delaney was pulled out of the car, a block of 240 grams of herbal cannabis fell from his bomber jacket pickett was jailed for 10 months at warwick crown court in 2007 after admitting dangerous driving and possessing cannabis mr justice jay said: 'readers might think: there must be a rule reflecting public revulsion which bars such a claim there is not' however, no action was taken against delaney delaney attempted to sue his friend for damages for his injuries, but his claim was thrown out by judge gregory at coventry county court in january 2011 his claim against car insurers tradewise insurance services and the motor insurers bureau after the policy was declared void, was also thrown out because the judge ruled that the car journey was for the collection and transportation of illegal drugs for subsequent re sale and was a joint enterprise the judge also ruled that his claim should be dismissed because he was engaged at the time together with mr pickett in conduct 'sufficiently anti social that public policy prevents him from pursuing a claim arising out of it' delaney, who was a vocational tutor for students interested in mechanics, had sought a multi million pound award to pay for the lifetime of care he will need officials claimed they were covered by the 'crime exception' enforced by the motor insurers bureau (mib) bans insurance being paid to those who 'knew or ought to have known' that a vehicle in which they are travelling is being used 'in the course or furtherance of a crime' in december 2011 three appeal court judges dismissed delaney's appeal saying he would, or should, have known the mercedes was being used for 'the furtherance of crime' however his solicitors then launched a claim against the government for breach of the 2009 european motor insurance directive which, in the interests of standardisation, allows no exclusions it was claimed that the insurers' exclusion clause in uk law was incompatible with this european directive lawyers for delaney claimed the breach was sufficiently serious that he was entitled to what is known as 'frankovich' damages sitting at the high court last year, mr justice jay ruled that the crime exception conflicted with the european motor insurance directive and the dft should have ensured uniformity the court found the illegality involved in the journey itself was merely 'scene setting' and not the cause of the accident mr justice jay said: 'i conclude with little hesitation that the dft's breach is so serious that it must pay compensation to mr delaney the law is clear, the department is in serious breach of it, and there must be judgment for mr delaney' he added: 'many readers may be wondering how it comes about that a drug dealer is entitled to compensation against her majesty's government in circumstances where he was injured during the course of a criminal joint enterprise 'the understandable reaction might be: there must be some rule of public policy, reflecting public revulsion, which bars such a claim' but he concluded: 'the short answer is that there is not' at the latest hearing at the appeal court, three senior judges unanimously rejected an appeal by the dft lord justice richards, sitting with lords justice kitchin and sales, today ruled that mr justice jay was right and dismissed the dft's appeal the dft was refused permission to appeal further to the supreme court and was ordered to pay a £138,000 in interim costs that is only a first instalment on delaney's legal costs bills which are likely to exceed £250,000 the amount of damages now payable to delaney has yet to be finally assessed but, given the severity of his injuries and the extent of care and support he will need in the future, it is likely to to run well into seven figures peter and lisa houston had been in the people carrier at the time of the crash, with their three children all suffered serious injuries as well but were awarded only £20,000 between them
41 year old delaney eu mercedes november 2006 sean delaney
sean delaney was travelling in mercedes with his friend in november 2006  driver lost control and crashed car, leaving delaney with disabling injuries  when rescued delaney was found with ball of cannabis to sell on him  delaney, who now needs care, later tried to sue the car's uninsured driver  insurers refused due to clause excluding vehicles involved in crime  but senior judges ruled exclusion clause is in breach of eu motor laws  as a result government must pay costs and compensation for the breach  sum is likely to run into millions for long term care of 41 year old delaney 