header-logo header-logo

25 March 2010 / Karen O’Sullivan
Issue: 7410 / Categories: Features , LexisPSL
printer mail-detail

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

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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll