header-logo header-logo

Smith v Finch [2009] EWHC 53, [2009] All ER (D) 158 (Jan)

12 February 2009 / Peter Hungerford-welch
Issue: 7356 / Categories:
printer mail-detail

Peter Hungerford-Welch, associate dean, The City Law School, City University London. W www.city.ac.uk/law

As the wearing of helmets may afford protection in some circumstances, it must follow that a cyclist of ordinary prudence would wear one, no matter whether on a long or a short trip or whether on quiet suburban roads or a busy main road. Th e observations of Lord Denning MR in Froom v Butcher [1975] 3 All ER 520 apply to the wearing of helmets by cyclists. It does not matter that there is no legal compulsion for cyclists to wear helmets. Th ere can be no doubt that the failure to wear a helmet may expose the cyclist to the risk of greater injury. That said, the burden is on the defendant to prove: (i) that the claimant failed to take ordinary care of himself, ie to take such care as a reasonable man would take for his own safety by not wearing a helmet), and (ii) that his failure was a contributory cause of the damage. NLJ

Issue: 7356 / Categories:
printer mail-details

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 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
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll