Charles Jack Lee v Parminder Singh Khraud

Charles Jack Lee v Parminder Singh Khraud

The judge was entitled to infer contributory negligence from the facts and reasonable probabilities, despite the absence of direct evidence, and to apportion liability with a one-third reduction in damages for the appellant, reflecting equal causative potency but greater culpability of the respondents.

Parties
Claimant/appellant: Mr Charles Jack Lee; Defendant/respondent: Mr Parminder Singh Khraud; Defendant/respondent: Mr Michael Fletcher; Defendant/respondent: Mr Jason Wright
Jurisdiction
England and Wales
Judgment Date
04 February 2025
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Contributory Negligence, Workplace Safety, Apportionment of Liability
Tort Health and Safety Employment Contributory Negligence Workplace Safety Apportionment of Liability

Case Brief

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Parties

Mr Charles Jack Lee

Claimant/appellant

Mr Parminder Singh Khraud

Defendant/respondent

Mr Michael Fletcher

Defendant/respondent

Mr Jason Wright

Defendant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was contributorily negligent in the accident.
  2. 2 Whether the reduction of damages by one third was justified.

Ratio Decidendi

The judge was entitled to infer contributory negligence from the facts and reasonable probabilities, despite the absence of direct evidence, and to apportion liability with a one-third reduction in damages for the appellant, reflecting equal causative potency but greater culpability of the respondents.

Court Disposition

Appeal dismissed

Orders

  • The judge's finding of contributory negligence and reduction of damages by one third is upheld.
  • No change to apportionment or liability.