Overview
Allegations of contributory negligence are a common feature of personal injury litigation. This session will explore the principles governing contributory negligence and the practical implications for personal injury claims. Delegates will gain an understanding of how such allegations are assessed by courts and the factors that influence findings of contributory negligence.
A detailed knowledge of the law and practice relating to contributory negligence is essential for all personal injury practitioners. This session will provide clear guidance on identifying, evaluating, and responding to contributory negligence claims, helping delegates to advise clients effectively and manage cases with confidence.
Through discussion of case law and practical examples, delegates will learn the judicial approach to contributory negligence and how to apply this knowledge in day-to-day practice.
Learning Outcomes
By the end of this session, delegates will be able to:
- Understand the legal principles underlying allegations of contributory negligence.
- Identify common scenarios where contributory negligence may be claimed.
- Analyse relevant case law to evaluate the merits of contributory negligence arguments.
- Apply practical strategies to advise clients and manage claims effectively.
- Recognise the factors that courts consider when determining contributory negligence.
- Distinguish between hindsight judgments and legitimate findings of negligence.
- Enhance their ability to present or challenge contributory negligence claims in litigation.
Three part series
This series looks at the law, practice and reality of contributory negligence in detail.
Presented by top barrister Gordon Exall, the three part series covers:
Barrister
Kings Chambers, Leeds, Manchester and Birmingham and 4-5 Gray's Inn Square, London
Gordon was called to the Bar in 1991 having originally qualified and practised as a solicitor. He practices from Kings Chambers, Leeds, Manchester and Birmingham and 4-5 Gray's Inn Square, London. He works in the area of personal injury litigation and in the law relating to civil procedure, limitation and costs. He has a particular interest in issues relating to damages, evidence, costs and procedure.
Gordon is a former executive committee member of APIL and has lectured widely for APIL and CPIL on personal injury and procedure topics. Gordon is the author of Personal Injury Practice Notes (Cavendish); The APIL Guide to Fatal Accidents (now in its 4th edition); the 14th edition of Munkman and Exall on Damages for Personal Injury Death and Periodical Payments the New Law. He also wrote the section on limitation for the APIL loose-leaf and contributes two chapters to Munkman on Employer’s Liability... view full biography