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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.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
The long-running fee-paid judicial pensions saga continues. The current cut-off date for giving notice of election to join FPJPS is 31 March 2024, and that date now gives rise to a serious problem, warns HH John Platt
