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Negligence – Contributory negligence. The claimant and defendant had collided on a country road. The defendant lorry driver had been two feet over on the claimant's side of the road. The district judge found that the claimant had been 40% contributory negligent because, if she had been driving slower, the accident would not have happened. The Court of Appeal, Civil Division, allowed the claimant's appeal as the judge had not considered whether the claimant would have expected to meet an oncoming lorry so far over on her side of the road. She could not have been blamed for having failed to foresee that.
Negligence – Contributory negligence. The claimant and defendant had collided on a country road. The defendant lorry driver had been two feet over on the claimant's side of the road. The district judge found that the claimant had been 40% contributory negligent because, if she had been driving slower, the accident would not have happened. The Court of Appeal, Civil Division, allowed the claimant's appeal as the judge had not considered whether the claimant would have expected to meet an oncoming lorry so far over on her side of the road. She could not have been blamed for having failed to foresee that.
The Chair of the Bar reports back
By Kem Kemal, CEO, Henry Dannell
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Join us on Saturday 21 November 2026 at Leeds Beckett University and see for yourself why the North continues to be an exceptional place to build a career at the Bar
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