Parkinson v Dyfed Powys Police

Parkinson v Dyfed Powys Police

The judge correctly distinguished between the present case and seat-belt cases, finding the defendant's negligence was more causatively potent in relation to the injuries suffered, justifying the apportionment of 65% liability to the defendant and 35% to the claimant.

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 Accidents
Tort Law Personal Injury Contributory Negligence Apportionment of Liability Road Traffic Accidents

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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. 1 Whether the judge erred in apportioning 65% liability to the defendant and 35% to the claimant in a road traffic accident involving contributory negligence.

Ratio Decidendi

The judge correctly distinguished between the present case and seat-belt cases, finding the defendant's negligence was more causatively potent in relation to the injuries suffered, justifying the apportionment of 65% liability to the defendant and 35% to the claimant.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused