Denning’s guidelines stand the test of time, says Karen O’Sullivan
During Lord Denning’s 20 year tenure as Master of the Rolls and head of the civil side of the Court of Appeal he had an enormous impact upon the development of the law and was credited for his simple, clear and direct style of judgment. In celebrated decisions he championed the deserted wife and gave property rights to cohabitees. Somewhat less famous, but nonetheless important to those dealing with personal injury claims, were the guidelines he provided for apportioning liability in cases where a claimant fails to wear a seatbelt.
His judgment in Froom v Butcher [1975] 3 All ER 520 sets out an easy to follow formula:
l If the failure to wear a seatbelt made no difference to the injuries sustained then there should be no deduction for contributory negligence.
l If the seatbelt would have reduced the claimant’s injuries then a deduction of 15% should be made for contributory negligence.
l If the injuries would have been entirely avoided by the claimant wearing a seatbelt then contributory negligence will usually be assessed at 25%.
There
