References: Unreported 4 February 1982
Coram: Lord Justice-Clerk Wheatley
The court considered a contribution between joint wrongdoers, where the court is concerned with the comparative responsibility of persons who are both liable for the damage.
Held: Lord Justice-Clerk Wheatley said: ‘An appeal court will not lightly interfere with an apportionment fixed by the judge of first instance. It will only do so if it appears that he has manifestly and to a substantial degree gone wrong.’
This case is cited by:
- Cited – McCusker -v- Saveheat Cavity Wall Insulation Ltd (1987 SLT 24)
- Cited – Jackson -v- Murray and Another SC ( RTR 20,  2 All ER 805, Bailii,  UKSC 5, 2015 SCLR 235, 2015 Rep LR 42, 2015 GWD 7-141, 2015 SLT 151, Bailii Summary, UKSC 2014/0070, SC, SC Summary, SC Video, 2015 SC (UKSC) 105,  PIQR P16)
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 . .
(This list may be incomplete)
Last Update: 02-Feb-16 Ref: 559415