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25 March 2010 / Karen O’Sullivan
Issue: 7410 / Categories: Features , LexisPSL
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Belt up?

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

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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