header-logo header-logo

Taking the blame

05 August 2010 / Roger Harris
Issue: 7429 / Categories: Features , Professional negligence , Personal injury
printer mail-detail

Roger Harris assesses cases involving contributory negligence & diagnostic failure

Since the decision of the Court of Appeal in Froom v Butcher [1976] QB 286, [1975] 3 All ER 520  the maximum reduction likely to be awarded for failure to wear a seat belt is 25%. And since Owens v Brimmell [1977] QB 859, 3 All ER 765 the figure of 20% is commonly regarded as the appropriate reduction for a claimant who has got into a vehicle when he must have known that the driver had had too much to drink.

In Best v Smyth [2010] EWHC 1541 (QB), [2010] All ER (D) 210 (Jun) the court had to consider (in the context of an application for an interim payment) whether a claimant who got into a vehicle with a man he must have known to be drunk and then subsequently failed to wear a seat belt might have his damages reduced by as much as 50% for contributory negligence.

Tugenhdart J concluded that there was no support in any authority for a reduction of the order contended for by the defendant.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll