Cook v Thorne & Anor [2001] EWCA Civ 81 (23 January 2001)

Cook v Thorne & Anor [2001] EWCA Civ 81 (23 January 2001)

The trial judge's apportionment of 30% contributory negligence to the claimant was not manifestly wrong and was supported by cogent reasons; the first defendant bore greater responsibility for failing to slow down or stop when blinded, and there was no error of law or fact justifying appellate interference.

Citation
[2001] EWCA Civ 81
Parties
Claimant/respondent: Martin Cook; Defendant/appellant: Wallace Sidney Thorne; Defendant/appellant: Kevin Parkinson
Jurisdiction
England and Wales
Judgment Date
23 January 2001
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Contributory Negligence, Apportionment of Liability, Road Traffic Accident
Tort Law Personal Injury Contributory Negligence Apportionment of Liability Road Traffic Accident

Case Brief

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Parties

Martin Cook

Claimant/respondent

Wallace Sidney Thorne

Defendant/appellant

Kevin Parkinson

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the apportionment of contributory negligence at 30% to the claimant was correct
  2. 2 Whether the trial judge erred in law or fact in assessing blame between claimant and defendants

Ratio Decidendi

The trial judge's apportionment of 30% contributory negligence to the claimant was not manifestly wrong and was supported by cogent reasons; the first defendant bore greater responsibility for failing to slow down or stop when blinded, and there was no error of law or fact justifying appellate interference.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs