Campbell v Advantage Insurance Company Ltd [2021] EWCA Civ 1698 (15 November 2021)

Campbell v Advantage Insurance Company Ltd [2021] EWCA Civ 1698 (15 November 2021)

The objective standard of care applies to an intoxicated adult passenger; voluntary intoxication does not excuse a failure to take reasonable care for one's own safety. The judge was entitled to find contributory negligence and to apportion 20% responsibility to the claimant for consenting to be driven by an obviously intoxicated driver.

Citation
[2021] EWCA Civ 1698
Parties
Appellant/claimant: Lyum Roy Campbell (a protected party who proceeds by his father and litigation friend Donald Campbell); Respondent/defendant: Advantage Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
15 November 2021
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Contributory Negligence, Capacity, Objective Standard of Care, Passenger Liability, Voluntary Intoxication
Tort Law Personal Injury Contributory Negligence Capacity Objective Standard of Care Passenger Liability Voluntary Intoxication

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Parties

Lyum Roy Campbell (a protected party who proceeds by his father and litigation friend Donald Campbell)

Appellant/claimant

Advantage Insurance Company Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether a claimant can rely on his own drunkenness to avoid or reduce a finding of contributory negligence
  2. 2 Whether the judge erred in applying the Mental Capacity Act 2005 to the issue of contributory negligence
  3. 3 Whether the judge's findings of fact were based on impermissible speculation

Ratio Decidendi

The objective standard of care applies to an intoxicated adult passenger; voluntary intoxication does not excuse a failure to take reasonable care for one's own safety. The judge was entitled to find contributory negligence and to apportion 20% responsibility to the claimant for consenting to be driven by an obviously intoxicated driver.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the finding of 20% contributory negligence stands; no adjustment to the apportionment of responsibility.