Luxton v Raja

Damages – Personal injury. The clear disparity in the long-term impact on two drivers, who had been involved in a car accident, was not allowed, in law, to predispose the court on its decision on liability. The Queen's Bench Division so ruled on a claim brought against the defendant for compensation for the brain damage the claimant had sustained in the accident. The court held that a just and equitable apportionment of liability, in circumstances where each party had created a considerable hazard for the other, was 50% in respect of the defendant, and 50% contributory in respect of the claimant.

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