Catastrophic brain injury claims: Establishing liability – the legal principles

Pankaj Madan reviews the court’s approach to liability in cases involving collisions between pedestrians and vehicles ‘In Jackson the Supreme Court observed that there is no precise formulation and that contributory negligence is a somewhat “rough and ready” exercise.’ In my article in last month’s PILJ, ‘Establishing liability’, I wrote that catastrophic brain injuries bring …
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Case Report: Flint v Tittensor and the MIB [2015] EWHC 466 (QB)

Vehicular trespass to the person; battery; self-defence; ex turpi causa; volenti non fit injuria ‘A finding that the force used was disproportionate so as to preclude self-defence is simultaneously likely to mean that there is no entry point for ex turpi, or at best only a very narrow one.’ This case provides an enlightening illustration …
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