Source: All England Reporter
Publisher Citation: [2003] All ER (D) 164 (May)
Court: Court of Appeal, Civil Division

Thorpe and May LJJ

Representation Colin McCaul QC (instructed by Immanuel & Co) for the claimant.
  Charles Spencer QC and Catherine Foster (instructed by Morgan Cole) for the defendant.
Judgment Dates: 13 May 2003


Negligence - Causation - Personal injury - Sufficiency of judge's reasons - Apportionment of liability.

The Case

If apportionment was necessary, the court should not be deterred from undertaking apportionment because it was difficult, or because the result was likely to be approximate. In the instant case, although the judge had not dealt with the matter of apportionment at all, the matter would not be remitted as it was clear that the fact that the defendant had caused the single event that had resulted in the claimant's injury was a necessary consequence of the other findings on causation that the judge had made.

Practice Areas

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