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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.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts