header-logo header-logo

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

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

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll