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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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EIP—Stuart Malcolm

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EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

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Ellisons welcomes Francesca Brown to Family team

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Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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