| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 161 (Mar) |
| Neutral Citation: | [2012] EWCA Civ 349 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Black, Longmore and Tomlinson LJJ |
| Representation | Susan Rodway QC (instructed by Augustines Law) for the claimant. |
| Benjamin Browne QC and Roger Harris (instructed by Cordner Lewis, Cardiff) for the defendant. | |
| Judgment Dates: | 21 March 2012 |
Catchwords
Negligence - Causation - Contributory negligence - Claimant and defendant being involved in traffic collision - Judgment being entered in claimant's favour subject to one third reduction for contributory negligence - Defendant appealing - Whether judge erring in respect of causation findings - Whether judge erring in assessment of contributory negligence.
The Case
Negligence Causation. The Court of Appeal Civil Division, in considering the defendant's appeal and claimant's cross appeal in respect of the judge's finding that the defendant was liable for a road traffic accident subject to a reduction of one third in respect of contributory negligence, held that the judge had not erred in finding the defendant liable, but that a reduction of 50% should be made in respect of contributory negligence.
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