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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Road Traffic Accidents: Just and equitable = flexibility

Toby Kempster advises how to approach an apportionment of liability ‘Driving a motor car imposes a high level of responsibility (and therefore potential culpability if mishandled) upon the driver as a result of the potential danger the car presents.’ Predicting how liability will be apportioned (if at all) in a road traffic accident often appears …
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