Parkinson v Dyfed Powys Police [2004] EWCA Civ 802 (10 June 2004)
The judge's approach to apportionment was correct; the police officer's negligence was causatively more potent in relation to the injuries suffered, and the analogy with seat-belt cases was inapplicable. No error of law was found in the judge's apportionment of liability.
- Citation
- [2004] EWCA Civ 802
- Parties
- Respondent/claimant: Gareth Stephen Parkinson; Appellant/defendant: Chief Constable of Dyfed Powys Police
- Jurisdiction
- England and Wales
- Judgment Date
- 10 June 2004
- Procedural Posture
- Civil Appeal / Renewed Application for Permission to Appeal
- Outcome
- Application for permission to appeal refused.
- Legal Topics
- Contributory Negligence, Apportionment of Liability, Road Traffic Accident
Case Brief
Summary, issues, holding and outcome
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Parties
Gareth Stephen Parkinson
Respondent/claimant
Chief Constable of Dyfed Powys Police
Appellant/defendant
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Legal Issues
- 1 Whether the apportionment of liability (65% defendant, 35% claimant) was correct in a road traffic accident involving contributory negligence.
- 2 Whether the analogy with seat-belt cases (Froom v Butcher) is applicable to the present facts.
Ratio Decidendi
The judge's approach to apportionment was correct; the police officer's negligence was causatively more potent in relation to the injuries suffered, and the analogy with seat-belt cases was inapplicable. No error of law was found in the judge's apportionment of liability.
Court Disposition
Application for permission to appeal refused.
Orders
- Application refused.
Full Case Text
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