Search Results for: Law Reform (Contributory Negligence) Act 1945

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Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Liddell v Middleton: CA 17 Jul 1995

A husband and wife crossed a road. The wife, appreciating that the danger from the traffic, ran across. The husband stood in the middle of the road and then went ahead, but was struck by a vehicle and injured. He was significantly affected by alcohol, and evidence had been led at the trial indicating the … Continue reading Liddell v Middleton: CA 17 Jul 1995

Vyner v Waldenberg Brothers Ltd: CA 1946

Vyner was working a circular saw when part of his thumb was cut off. The saw failed in several respects to comply with the Woodworking Machinery Regulations, and in particular the guard was not properly adjusted. The accident happened before the passing of the 1945 Act, and the main defence was contributory negligence. Held: Scott … Continue reading Vyner v Waldenberg Brothers Ltd: CA 1946

Grant v Sun Shipping Co: 1947

Citations: [1947-1951] CLC 6706 Statutes: Law Reform (Contributory Negligence) Act 1945 Jurisdiction: England and Wales Cited by: Distinguished – Tennant Radiant Heat Ltd v Warrington Development Corporation 1988 A property comprised a large building let on fully repairing leases of 22 units. The many rain outlets were allowed to become blocked, and water accumulated above … Continue reading Grant v Sun Shipping Co: 1947

Tennant Radiant Heat Ltd v Warrington Development Corporation: 1988

A property comprised a large building let on fully repairing leases of 22 units. The many rain outlets were allowed to become blocked, and water accumulated above one unit before that part of the roof collapsed. The landlord appealed a finding that since the roof was not comprised in any of the leases, there was … Continue reading Tennant Radiant Heat Ltd v Warrington Development Corporation: 1988

Brannan v Airtours Plc: CA 18 Jan 1999

The judge at first instance had set the level of contributory negligence too high. He looked at the defendant’s apparent folly rather than looking to the defendant’s folly in exposing the defendant to the risk, and promoting that folly by providing free drinks. Judges: Auld, Ward LJJ Citations: Times 01-Feb-1999, [1999] EWCA Civ 588 Statutes: … Continue reading Brannan v Airtours Plc: CA 18 Jan 1999

Stanton v Collinson: QBD 2 Mar 2009

The claimant was severely injured when a car driven by the defendant crashed. No-one was wearing a seat belt. The driver died. The driver’s estate argued that the claimant was contributorily negligent in not wearing a seat belt. The claimant said that the failure had not contributed to his actual injuries. Held: Having regard to … Continue reading Stanton v Collinson: QBD 2 Mar 2009

Platform Homes Limited v Oyston Shipways Limited and others: CA 19 Dec 1997

A lender’s imprudent lending policies could be taken into account and set off against damages for negligent valuation as contributory negligence. Citations: Gazette 08-Jan-1998, Times 15-Jan-1998, [1997] EWCA Civ 3071 Statutes: Law Reform (Contributory Negligence) Act 1945 Jurisdiction: England and Wales Cited by: Appeal from – Platform Home Loans Ltd v Oyston Shipways Ltd and … Continue reading Platform Homes Limited v Oyston Shipways Limited and others: CA 19 Dec 1997

Ayres v Odedra: QBD 18 Jan 2013

The claimant sought damages for serious personal injury, saying that the defendant had deliberately or recklessly driven at him as a pedestrian, knocking him over. The defendant had been tried and acquitted of motoring offences. He said that the claimant and his friends were drunk and had pulled down there trousers to insilt him, and … Continue reading Ayres v Odedra: QBD 18 Jan 2013

Jackson v Murray and Another: SCS 27 Dec 2012

Extra Division, Inner House. The pursuer, a child, alighted from a school bus, and, on emerging into the road was hit by a car driven by the defender, suffering serious injury. She now appealed against a finding that she was 90% responsible for her injuries. Held: The Division allowed the pursuer’s appeal and assessed her … Continue reading Jackson v Murray and Another: SCS 27 Dec 2012

Robbins v London Borough of Bexley: TCC 16 Aug 2012

The claimant sought damages saying that her house had been damaged by subsidence after dessication of the soil by trees under the defendant’s control. Held: The defendants were liable. Judges: Edwards-Stuart J Citations: [2012] EWHC 2257 (TCC) Links: Bailii Statutes: Law Reform (Contributory Negligence) Act 1945 1(1) Citing: Cited – Berent v Family Mosaic Housing … Continue reading Robbins v London Borough of Bexley: TCC 16 Aug 2012

Barclays Bank Plc v Fairclough Building Ltd: CA 11 May 1994

Contributory negligence is no defence to a claim which was made out strictly in contract only. Citations: Gazette 29-Jun-1994, Times 11-May-1994, [1994] EWCA Civ 3, [1995] QB 214, [1995] 1 All ER 289, [1994] 3 WLR 1057 Links: Bailii Statutes: Law Reform (Contributory Negligence) Act 1945 1(1), 4 Jurisdiction: England and Wales Citing: See also … Continue reading Barclays Bank Plc v Fairclough Building Ltd: CA 11 May 1994

Rehill v Rider Holdings Ltd: CA 16 May 2012

The claimant had been injured, being hit by the defendant’s bus. Judges: Ward, Richards, Patten LJJ Citations: [2012] EWCA Civ 628 Links: Bailii Statutes: Law Reform (Contributory Negligence) Act 1945 1(1) Jurisdiction: England and Wales Citing: Adopted – Eagle v Chambers CA 24-Jul-2003 The claimant was severely injured when run down by the defendant driving … Continue reading Rehill v Rider Holdings Ltd: CA 16 May 2012

Kotula v EDF Energy Networks (EPN) Plc and Others: QBD 17 Jun 2011

Judges: Irwin J Citations: [2011] EWHC 1546 (QB) Links: Bailii Statutes: Law Reform (Contributory Negligence) Act 1945 1 Jurisdiction: England and Wales Citing: Principal hearing – Kotula v EDF Energy Networks (Epn) Plc and Others QBD 15-Jun-2010 The claimant cyclist sought damages for severe personal injury. He was walking or riding his cycle through some … Continue reading Kotula v EDF Energy Networks (EPN) Plc and Others: QBD 17 Jun 2011

Toropdar v D: QBD 2 Oct 2009

Judges: Christopher Clarke J Citations: [2009] EWHC 2997 (QB) Links: Bailii Statutes: Law Reform (Contributory Negligence) Act 1945 1(1) Jurisdiction: England and Wales Citing: Principal judgment – Toropdar v D QBD 20-Mar-2009 The claimant car driver sought a declaration that he was not responsible for an accident. He had been driving along when the 10 … Continue reading Toropdar v D: QBD 2 Oct 2009

Alliance and Leicester Building Society v Edgestop: ChD 1993

The court refused to allow the defendants to amend their defence so as to rely upon the second limb of the definition of fault in the 1945 Act as grounds for reducing a claim for deceit. Judges: Mummery J Citations: [1994] 2 EGLR 229, [1993] 1 WLR 1462 Statutes: Law Reform (Contributory Negligence) Act 1945 … Continue reading Alliance and Leicester Building Society v Edgestop: ChD 1993

Gray v Thames Trains Ltd and Another: CA 25 Jun 2008

The claimant was a victim of the Ladbroke Grove rail crash. He later committed and was convicted of a manslaughter and detained under the 1983 Act. He said that the accident had caused a major personality change. The defendant relied on the defence of ex turpi causa non oritur actio. Held: The claimant’s appeal succeeded. … Continue reading Gray v Thames Trains Ltd and Another: CA 25 Jun 2008

Unison v Leicestershire County Council: CA 29 Jun 2006

The council had dismissed all workers within a group of employees, and invited them to re-apply for their jobs. The council now appealed a protective award made on the basis that there had been inadequate consultation with the union. Held: The court refused permission to raise a new point of law not argued below as … Continue reading Unison v Leicestershire County Council: CA 29 Jun 2006

The Blackpool Fylde and Wyre Society for the Blind v Begg: EAT 31 Mar 2005

EAT Practice and Procedure -and- Disability DiscriminationAppellant’s application to raise a new point on appeal (that the Law Reform (Contributory Negligence) Act 1945 applies to Disability Discrimination Act 1995 section 8(3) damages) was refused as the Employment Tribunal had already decided, at its liability hearing, to deduct 40% from unfair dismissal compensation and had not … Continue reading The Blackpool Fylde and Wyre Society for the Blind v Begg: EAT 31 Mar 2005

Pride Valley Foods Ltd v Hall and Partners: TCC 4 May 2000

TCC Contract – Project Management – Role of Quantity Surveyor acting as Project Manager – Duty to warn clients of fire hazards – Causation – Contributory Negligence – Test whether defendants are Partnership or Limited Company – role of experts in relation to evidence of Project Management Judges: John Toulmin CMG QC Citations: [2001] 76 … Continue reading Pride Valley Foods Ltd v Hall and Partners: TCC 4 May 2000

First Greater Western Ltd and Another v Waiyego: EAT 6 Dec 2018

DISABILITY DISCRIMINATION – Compensation DISABILITY DISCRIMINATION – Loss/mitigation DISABILITY DISCRIMINATION – Burden of proof The Law Reform (Contributory Negligence) Act 1945 can apply to some discrimination claims, but reduction of an award for contributory negligence would rarely, if ever, be justified because of the difficulties in applying the concept of ‘fault’ to the victim of … Continue reading First Greater Western Ltd and Another v Waiyego: EAT 6 Dec 2018

Eagle v Chambers: CA 24 Jul 2003

The claimant was severely injured when run down by the defendant driving his car. She was in Blackpool, and drunk and wandering in the highway. The defendant was himself at or near the drink driving limit. She appealed against a finding that she was 60% to blame. Held: Courts have consistently required drivers to recognise … Continue reading Eagle v Chambers: CA 24 Jul 2003

UCB Bank Plc v Hepherd Winstanley and Pugh (a Firm): CA 29 Jul 1999

Where the losses to a lender arising from a claim against a solicitor could properly be seen as in breach of an implied term requiring a retainer to be exercised with reasonable care and skill, that was akin to a claim for negligence, and contributory negligence of the lender could be applied to reduce the … Continue reading UCB Bank Plc v Hepherd Winstanley and Pugh (a Firm): CA 29 Jul 1999

Vellino v Chief Constable of Greater Manchester Police: CA 31 Jul 2001

The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in the fall. The doctrine of ex turpi no oritur actio … Continue reading Vellino v Chief Constable of Greater Manchester Police: CA 31 Jul 2001

Forsikringsaktieselskapt Vesta v Butcher: HL 1988

A contract of insurance and a facultative reinsurance, under which part of the original risk was reinsured, contained warranties in identical terms. Held: The warranty in the reinsurance policy, which was governed by English law, should be construed so that it had the same effect as the warranty in the insurance which was governed by … Continue reading Forsikringsaktieselskapt Vesta v Butcher: HL 1988

Stapley v Gypsum Mines Ltd: HL 25 Jun 1953

Plaintiff to take own responsibility for damage The question was whether the fault of the deceased’s fellow workman, they both having disobeyed their foreman’s instructions, was to be regarded as having contributed to the accident. Held: A plaintiff must ‘share in the responsibility for the damage’ for the Act to apply, and this involves consideration … Continue reading Stapley v Gypsum Mines Ltd: HL 25 Jun 1953

Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd: ChD 16 Feb 2017

Claim for return of money said to be held for the claimant’s benefit by a stockbroker. Held: Rose J dismissed the dishonest assistance claim because Daiwa’s employees had acted honestly. However, she upheld the negligence claim, while making a deduction of 25% under the Law Reform (Contributory Negligence) Act 1945 to reflect the contributory fault … Continue reading Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd: ChD 16 Feb 2017

Howmet Ltd v Economy Devices Ltd and Others: CA 31 Aug 2016

Appeal by the owners of a factory which suffered fire damage against a judgment dismissing their action. The owners claimed damages against the manufacturers of a device which, they said, should have prevented the fire from occurring. This takes us back to the basic principles of the law of tort and in particular to Donoghue … Continue reading Howmet Ltd v Economy Devices Ltd and Others: CA 31 Aug 2016

Kotula v EDF Energy Networks (Epn) Plc and Others: QBD 15 Jun 2010

The claimant cyclist sought damages for severe personal injury. He was walking or riding his cycle through some roadworks by the roadside, and fell out through roadside barriers into the path of a car. The defendants admitted that the path was less wide than it should have been, but said he should not have been … Continue reading Kotula v EDF Energy Networks (Epn) Plc and Others: QBD 15 Jun 2010

Hughes v Guise Motors Ltd: QBD 1 Nov 2007

The claimant’s car had cut out while being driven on a motorway. The driver had been able to pull onto chevrons at a junction but not onto the hard shoulder. The defendant drove into the rear of the vehicle. Held: The driver had attempted to get to the hard shoulder but failed. The highway code … Continue reading Hughes v Guise Motors Ltd: QBD 1 Nov 2007

Bank of Nova Scotia v Hellenic Mutual War Risks Association (Bermuda) Ltd (The Good Luck): CA 1990

When a contract is to be construed purposively, the court must look to the purposes of both parties, not just one of them. No apportionment was to be applied under the 1945 Act: ‘Similarly, we think that the facts and circumstances of the present case are such that it can and should be easily distinguished … Continue reading Bank of Nova Scotia v Hellenic Mutual War Risks Association (Bermuda) Ltd (The Good Luck): CA 1990

Davies v Swan Motor Co (Swansea) Ltd: CA 1949

A plaintiff brought an action for damages for personal injury against the drivers of two cars. Held: There are two aspects to apportioning responsibility between a plaintiff and defendant in an action for negligence, the respective causative potency of what they have done, and their respective blameworthinessDenning LJ said: ‘If they were both found guilty … Continue reading Davies v Swan Motor Co (Swansea) Ltd: CA 1949

Birch v Ministry of Defence: CA 14 Jun 2013

The claimant appealed against rejection of his claim for personal injuries. He had been driving a Land Rver whilst on active duty in Afghanistan. He said that he was known not to be properly qualified to drive. Held: The appeal was allowed. Once it was known to the defendants that the claimant was to be … Continue reading Birch v Ministry of Defence: CA 14 Jun 2013

Platform Home Loans Ltd v Oyston Shipways Ltd and others: HL 18 Feb 1999

The plaintiffs had lent about 1 million pounds on the security of property negligently valued at 1.5 million pounds. The property was sold for much less than that and the plaintiffs suffered a loss of 680,000 pounds. The judge found that the plaintiffs had been contributorily negligent in failing to note that the borrowers had … Continue reading Platform Home Loans Ltd v Oyston Shipways Ltd and others: HL 18 Feb 1999

Standard Chartered Bank v Pakistan National Shipping Corporation, Standard Chartered Bank v Pakistan National Shipping Corporation and Others and Another and Others (Nos 2 and 4): HL 6 Nov 2002

Fraudulent Misrepresentation by Company Director Fraudulent bills of lading had been issued in order to rely upon letters of credit issued by the bank. The director signing the bills sought to avoid personal liability, saying it was the Act of the company. The defendant company also appealed on the basis that the claimant bank had … Continue reading Standard Chartered Bank v Pakistan National Shipping Corporation, Standard Chartered Bank v Pakistan National Shipping Corporation and Others and Another and Others (Nos 2 and 4): HL 6 Nov 2002

Phethean-Hubble v Coles: CA 21 Mar 2012

The claimant cyclist suffered serious injury in a collision with a car driven by the defendant. The defendant appealed against a finding that he was two thirds responsible. The case for the injured cyclist was that the motorist was going too fast. The case of the motorist was that the accident would probably still have … Continue reading Phethean-Hubble v Coles: CA 21 Mar 2012

Jackson v Murray and Another: SC 18 Feb 2015

Child not entirely free of responsibility The claimant child, left a school bus and stepped out from behind it into the path of the respondent’s car. She appealed against a finding of 70% contributory negligence. Held: Her appeal succeeded (Majority, Lord Hodge and Lord Wilson dissenting). Her contribution was assessed at 50%. The court rejected … Continue reading Jackson v Murray and Another: SC 18 Feb 2015

Chapman v Hearse, Baker v Willoughby: HL 26 Nov 1969

The plaintiff, a pedestrian had been struck by the defendant’s car while crossing the road. The plaintiff had negligently failed to see the defendant’s car approaching. The defendant had a clear view of the plaintiff prior to the collision, but was driving at an excessive speed or failing to keep a proper look-out or both. … Continue reading Chapman v Hearse, Baker v Willoughby: HL 26 Nov 1969

Standard Chartered Bank v Pakistan National Shipping Corporation, Seaways Maritime Ltd, SGS United Kingdom Ltd, Oakprime International Ltd, Arvind Mehra (No 2): CA 27 Jul 2000

Where a deceit was established leading to an award of damages, that award of damages was not capable of being reduced under the 1949 Act through a contribution to the loss occasioned by the claimant’s own behaviour, where that behaviour did not fall . .