Ex turpi causa has been argued in cases involving fights, but has usually failed due to disproportionate force being used by one party, e.g. Lane v Holloway (see paragraph 2.4.1). In Lane v Holloway [1968] 1 QB 379 an argument occurred between the plaintiff (aged 64) and the defendant (aged 23) outside the plaintiff’s house. The defendant’s wife had previously told the plaintiff and his friends to be quiet as they had come back from the pub and were standing outside her window. The plaintiff had replied, ‘shut up you monkey-faced tart’. The plaintiff smacked the defendant believing he was about to be hit. The defendant responded by punching the plaintiff in the eye causing a cut requiring 19 stitches and a month in hospital. It was agreed by the court that the defendant had a right to defend himself but it was felt that his response was out of proportion to the danger (in consideration of the age difference) and, therefore, both ex turpi and the defence of self- defence was denied.