Contributory negligence: When is the claimant’s share of blame too little to count?

Ann Houghton and Karl Hirst take the back-to-basics approach when considering liability and the effect of the ‘just and equitable’ principle ‘While there is no authority to prescribe a threshold-level at which there should be no finding of contributory negligence because the share of responsibility is so small that it should be disregarded, it would …
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Case report: Ellis v Kelly [2018] EWHC 2031 (QB)

Contributory negligence; road traffic accidents; Part 20 contributions ‘Caine’s momentary misjudgement of the vehicle’s speed was not negligent when balanced against the defendant’s reckless driving.’ On 20 September 2008 the claimant, Caine Ellis, was struck by a car as he was crossing a road in Acocks Green, Birmingham. The eight-years, eight-months-old boy suffered a severe …
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