Tag Archives: Contributory negligence

COURT OF APPEAL OVERTURNS FINDING OF 10% CONTRIBUTORY NEGLIGENCE: CLAIMANT’S CONDUCT DID NOT FALL BELOW A REASONABLE STANDARD

December 1, 2017 · by · in Accidents at work, contributory negligence,, Employer's duty, Work at height · 1 Comment

In a short judgment today in Casson v Spotmix Ltd & Ors [2017] EWCA Civ 1994 the Court of Appeal overturned a trial judge’s decision that a claimant who suffered injury at work was contributory negligent. “the extent to which the claimant’s conduct could be criticised fell considerably short of that which could properly be categorised […]

CONTRIBUTORY NEGLIGENCE, APPORTIONMENT, CAUSATION, BREACH OF STATUTORY DUTY AND THE EMPLOYEE

November 21, 2014 · by · in Asbestos, Evidence, Standard of care · 1 Comment

In Blackmore -v- The Department for Communities and Local Government ( Exeter County Court 23rd October 2014 – reported on Lawtel) HH Judge Cotter Q.C. made important observations about issues of contributory negligence and apportionment in cases where the defendant is in breach of statutory duty to an employee. THE CASE This was a fatal […]