Source: All England Reporter
Publisher Citation: [2002] All ER (D) 286 (Oct)
Court: Court of Appeal, Civil Division

Tuckey, Latham LJJ and Sir Denis Henry

Representation Marcus Dignum (instructed by George Ide, Phillips, Chichester) for the claimant.
  Nicholas Heathcote Williams (instructed by King & Franckeiss, Portsmouth) for the defendant.
Judgment Dates: 21 October 2002


Negligence - Contributory negligence - Apportionment of liability - Road traffic accident - Correctness of judge's apportionment.

The Case

On the facts of the instant case, the claimant's speed and determination to overtake other vehicles had been substantially causative of an accident between the claimant's motorcycle and the defendant's car. Accordingly, the judge's apportionment of liability equally between the parties was unassailable.

Practice Areas

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