claimant’s responsibility has been diminished but not removed

The cases of Clunis and Gray involved claimants who were guilty of manslaughter on the grounds of diminished responsibility. In Clunis, the Court of Appeal found that the claimant’s plea of diminished responsibility accepted that their mental responsibility was substantially impaired but did not remove liability for their criminal act and therefore they had to be taken to have known what they were doing and that it was wrong. In Gray, the House of Lords held that the claimant’s claim was barred by the defence of illegality because the damages sought resulted from the sentence imposed by the criminal