COURT OF APPEAL OVERTURNS FINDING OF 10% CONTRIBUTORY NEGLIGENCE: CLAIMANT’S CONDUCT DID NOT FALL BELOW A REASONABLE STANDARD

PERSONAL INJURY: LIABILITY AND DAMAGES

In a short judgment today in Casson v Spotmix Ltd & Ors [2017] EWCA Civ 1994 the Court of Appeal overturned a trial judge’s decision that a claimant who suffered injury at work was contributory negligent.

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“the extent to which the claimant’s conduct could be criticised fell considerably short of that which could properly be categorised as amounting to contributory negligence”

THE CASE

The claimant was injured climbing a ladder whilst cleaning machinery. The judge held that the ladder was in place and the claimant was following an established practice. The judge held the claimant 10% contributory negligent.

THE COURT OF APPEAL JUDGMENT ON LIABILITY

    1. The issue on the appeal is whether the Judge was correct to hold that the claimant was contributorily negligent and to reduce the damages payable by the first and third defendants to him by 10 per cent. pursuant to the Law Reform (Contributory) Negligence Act…

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