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29 July 2016 / James Goudkamp , Donal Nolan
Issue: 7709 / Categories: Features , Damages , Personal injury
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Fault lines

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James Goudkamp & Donal Nolan study contributory negligence in practice

  • How often does a plea of contributory negligence succeed?

  • By what percentage are damages discounted when a claimant is found guilty of contributory negligence?

  • How do certain variables affect the outcome of the claim?

The doctrine of contributory negligence reduces the compensation which the victim of a wrong receives where the victim was partly to blame for his or her own damage. It is of immense practical importance, and is frequently relied on by defendants both in litigation and in negotiating settlements. Damages are regularly discounted for contributory negligence by substantial amounts (often as much as 50%). However, despite the doctrine’s significance, there has never been a comprehensive empirical analysis of its operation in the courts.

In an effort to improve understanding of how the doctrine works in practice, we carried out such a study, focusing on courts of first instance. In this article we highlight some of the key results. A fuller report of the results of our study can

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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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