It is commonplace for defendants to make allegations of contributory negligence against an injured claimant. Litigators working in this field need to know the basic law and principles relating to contributory negligence and also how these are being applied in the courts on a day to day basis.
This webinar looks at both of these issues. Firstly examining the law relating to contributory negligence as a whole and:
- The legal principles relating to contributory negligence.
- Pleading contributory negligence
- Where contributory negligence has been established
- Where allegations of contributory negligence have not been successful
- How claimants have responded to allegations of contributory negligence. The importance of witness evidence
- The “reverse allegation of contributory negligence” – using allegations of contributory negligence against the defendant
It then looks at recent cases where the courts have considered allegations of contributory negligence (including those where assertions of contributory negligence were rejected). These include:-
- Dormer v Wilson & Ors - Not wearing a crash helmet, riding on a stolen motorcycle
- Yordanov v Vasilev & Ors - Speeding, overtaking drivers when both vehicles were at fault
- Atkinson v Kennedy & Anor – contributory negligence and the child pedestrian
- Palmer v Timms - cyclist killed by a lorry
- Berresford v Shah & Anor - passenger leaving a moving taxi
- Jones v Persimmon Homes Ltd & Anor – worker falling off a scaffolding
- Byrne v Motorsport Vision Racing Ltd & Ors – motorcyclist injured when on a racetrack
- Amadu-Abdullah v The Commissioner of Police of the Metropolis – unlawful tasering of a teenager
- Dobson v Chief Constable of Leicestershire Police – alleged negligence in treatment when detained in police custody
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