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: Stop, look, listen

Adam Dyl highlights the importance of foreseeability in the context of determining liability following the recent decision from the Court of Appeal in Scott v Gavigan [2016] ‘While a defendant is not liable for damage that was not reasonably foreseeable, it does not follow that he is liable for all damage that was reasonably foreseeable.’Drivers …
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Case Report: Scott v Gavigan [2016] EWCA Civ 544

Road traffic accident; foreseeability; breach of duty; Highway Code ‘The issue for the Court of Appeal was whether the recorder was wrong to find the claimant wholly to blame for the accident.’Valley Road in Streatham is long and straight, largely residential in character albeit with some commercial premises on it, and it bears a speed …
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