Davies v Swan Motor Co (Swansea) Ltd [1949] 2 KB 291

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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Road Traffic Accidents: Just and equitable = flexibility

Toby Kempster advises how to approach an apportionment of liability ‘Driving a motor car imposes a high level of responsibility (and therefore potential culpability if mishandled) upon the driver as a result of the potential danger the car presents.’ Predicting how liability will be apportioned (if at all) in a road traffic accident often appears …

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Motorcyclists: Safety first

Richard Cole investigates personal injury claims involving motorcyclists ‘This article concentrates on the more common cases involving motorcyclists, namely accidents that occur through overtaking and at junctions (often with a combination of both).’ Case law emanating from the appellate courts concerning road traffic accidents often involve claims brought by motorcyclists. This may well be because …

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