| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 133 (Apr) |
| Neutral Citation: | [2012] EWHC 1078 (QB) |
| Court: | Queen's Bench Division, Liverpool District Registry |
| Judge: | Blair J |
| Representation | The claimant was not represented and did not appear. |
| Jonathan Watt-Pringle QC (instructed by DWF Solicitors) for the defendant. | |
| Graham Eklund QC (instructed by Keoghs LLP) for the third party. | |
| Judgment Dates: | 25 April 2012 |
Catchwords
Negligence - Contributory negligence - Road accident - Claimant child being a passenger in third party's car - Defendant's car colliding with third party's car - Claimant sustaining serious injuries - Claimant being on a booster cushion instead of child restraint seat which was also available - Defendant admitting liability - Defendant claiming contribution against third party - Whether third party negligent in placing claimant on booster cushion instead of in child restraint seat - Whether claimant's injuries would have been avoided by being in child restraint seat - CPR - Civil Liability (Contribution) Act 1978.
The Case
Negligence Contributory negligence. The Queen's Bench Division, in determining the defendant's claim pursuant to CPR Pt 20 against the third party pursuant to the held that the third party had acted negligently and assessed contribution at 25%.
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