Askey v Wood

Askey v Wood

Both parties were equally negligent and equally causative in the accident; the judge's apportionment of liability at 50/50 was within the reasonable range and should not be disturbed.

Parties
Claimant/appellant: Bridgette Askey; Defendant/respondent: Paul Wood
Jurisdiction
England and Wales
Judgment Date
21 April 2005
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Contributory Negligence, Road Traffic Accident, Apportionment of Liability, Costs
Tort Civil Procedure Contributory Negligence Road Traffic Accident Apportionment of Liability Costs

Case Brief

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Parties

Bridgette Askey

Claimant/appellant

Paul Wood

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether both parties were negligent in causing the accident
  2. 2 Whether the apportionment of liability at 50/50 was correct
  3. 3 Whether the judge failed to consider causation and blameworthiness properly

Ratio Decidendi

Both parties were equally negligent and equally causative in the accident; the judge's apportionment of liability at 50/50 was within the reasonable range and should not be disturbed.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent's costs of the appeal, summarily assessed at £3,000 plus VAT