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Negligence – Contributory negligence. In a personal injury action where primary liability was admitted by the first defendant (D1), the court had to decide the issue of contributory negliglence and apportionment of liability. The defendant who had taken part in the proceedings was the second defendant (D2) who were the insurers concerned under the Road Traffic Act 1988. The Queen's Bench Division held that the responsibility for the accident was 60% D1 40% the claimant. The claimant was, therefore, entitled to damages representing 60% of the full value of his claim.
Negligence – Contributory negligence. In a personal injury action where primary liability was admitted by the first defendant (D1), the court had to decide the issue of contributory negliglence and apportionment of liability. The defendant who had taken part in the proceedings was the second defendant (D2) who were the insurers concerned under the Road Traffic Act 1988. The Queen's Bench Division held that the responsibility for the accident was 60% D1 40% the claimant. The claimant was, therefore, entitled to damages representing 60% of the full value of his claim.
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