Tuesday 19th October 2021
Before Lord Justice Underhill, Vice President of the Court of Appeal, Civil Division
Lord Justice Baker
Lord Justice Dingemans
The Claimant appeals, with permission from HHJ Robinson, sitting as High Court Judge in the QBD, his order dated 1 September 2020 giving judgment for the Claimant for 80% of the Claimant’s claim ( making a deduction of 20 % for C’s contributory negligence), following his judgment dated 14 August 2020 in respect of the trial of preliminary issues of liability and causation. Primary liability was admitted.
The claimant appeals the contributory negligence finding and costs consequences of it.
Issue of extent of C’s contributory negligence. C was an unrestrained rear seat passenger in a car driven by D, who was drunk, which was involved in a high speed head on collision with a lorry (on its side of the road). D was killed in the collision. C suffered very severe injuries and is in a minimally conscious state. Both C & D had been drinking heavily prior to the collision.
Judge found C had capacity to decide to consent to be being driven by D & did so consent;
Lower Court Judgment:
Campbell v Advantage Insurance Company Ltd [2020] EWHC 2210 (QB) (14 August 2020) (bailii.org)
