header-logo header-logo

Fault lines

29 July 2016 / James Goudkamp , Donal Nolan
Issue: 7709 / Categories: Features , Damages , Personal injury
printer mail-detail
nlj_7709_goudkamp_nolan_3

James Goudkamp & Donal Nolan study contributory negligence in practice

  • How often does a plea of contributory negligence succeed?

  • By what percentage are damages discounted when a claimant is found guilty of contributory negligence?

  • How do certain variables affect the outcome of the claim?

The doctrine of contributory negligence reduces the compensation which the victim of a wrong receives where the victim was partly to blame for his or her own damage. It is of immense practical importance, and is frequently relied on by defendants both in litigation and in negotiating settlements. Damages are regularly discounted for contributory negligence by substantial amounts (often as much as 50%). However, despite the doctrine’s significance, there has never been a comprehensive empirical analysis of its operation in the courts.

In an effort to improve understanding of how the doctrine works in practice, we carried out such a study, focusing on courts of first instance. In this article we highlight some of the key results. A fuller report of the results of our study can

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll