header-logo header-logo

Taking the blame

05 August 2010 / Roger Harris
Issue: 7429 / Categories: Features , Professional negligence , Personal injury
printer mail-detail

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

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

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
Michael Zander KC, emeritus professor at LSE, revisits his long-forgotten Crown Court Study (1993), which surveyed 22,000 participants across 3,000 cases, in the first of a two-part series for NLJ
Getty Images v Stability AI Ltd [2025] EWHC 2863 (Ch) was a landmark test of how UK law applies to AI training—but does it leave key questions unanswered, asks Emma Kennaugh-Gallagher of Mewburn Ellis in NLJ this week
back-to-top-scroll