Department for Communities and Local Government v Blackmore (Executrix of the estate of Hollow, deceased)

Negligence – Contributory negligence. The Court of Appeal Civil Division confirmed that the correct approach to the assessment of contributory negligence was that once contributory negligence has been established, the court had to take into account both the extent of the claimant's responsibility for his injury and damage and the blameworthiness of his conduct as opposed to that of the defendant in deciding on the reduction in damages that was just and equitable. In so doing it dismissed the appellant's appeal on the basis that the reduction in the claimant's damages of 30% was less than half of the actual contribution that the court found he had made to the relative risk of contracting cancer through his smoking.

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