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05 August 2010 / Roger Harris
Issue: 7429 / Categories: Features , Professional negligence , Personal injury
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Taking the blame

Roger Harris assesses cases involving contributory negligence & diagnostic failure

Since the decision of the Court of Appeal in Froom v Butcher [1976] QB 286, [1975] 3 All ER 520  the maximum reduction likely to be awarded for failure to wear a seat belt is 25%. And since Owens v Brimmell [1977] QB 859, 3 All ER 765 the figure of 20% is commonly regarded as the appropriate reduction for a claimant who has got into a vehicle when he must have known that the driver had had too much to drink.

In Best v Smyth [2010] EWHC 1541 (QB), [2010] All ER (D) 210 (Jun) the court had to consider (in the context of an application for an interim payment) whether a claimant who got into a vehicle with a man he must have known to be drunk and then subsequently failed to wear a seat belt might have his damages reduced by as much as 50% for contributory negligence.

Tugenhdart J concluded that there was no support in any authority for

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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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