The recent trend is to adopt a causal analysis in cases of joint criminal enterprise. In Delaney v Pickett [2011] EWCA Civ 1532 the claimant was injured in a motor vehicle accident due to the defendant’s negligent driving, but was found to be carrying a large packet of cannabis which the court found the claimant and defendant were travelling to sell. The ex turpi causa defence failed because the claimant’s injury was not caused by his illegal act, the illegality merely provided the occasion for the injury. The court similarly adopted a causal analysis in Joyce v O’Brien [2013] EWCA Civ 546.