West v Wilkinson & Anor [2008] EWCA Civ 1005 (03 July 2008)

West v Wilkinson & Anor [2008] EWCA Civ 1005 (03 July 2008)

Although the Recorder failed to give reasons for equal apportionment, a process of reasoning could justify his conclusion that both defendants were equally blameworthy and causatively potent; therefore, the appellate court should not interfere.

Citation
[2008] EWCA Civ 1005
Parties
Respondent/claimant: West; Appellant/defendant: Wilkinson; Appellant/defendant: Another
Jurisdiction
England and Wales
Judgment Date
03 July 2008
Procedural Posture
Civil Appeal / Appeal From Trial Judgment on Apportionment of Liability
Outcome
Appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Apportionment of Liability, Road Traffic Accident
Tort Personal Injury Negligence Contributory Negligence Apportionment of Liability Road Traffic Accident

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Parties

West

Respondent/claimant

Wilkinson

Appellant/defendant

Another

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Trial Judgment on Apportionment of Liability

Legal Issues

  1. 1 Whether the trial judge erred in apportioning liability equally between the two defendants without giving reasons

Ratio Decidendi

Although the Recorder failed to give reasons for equal apportionment, a process of reasoning could justify his conclusion that both defendants were equally blameworthy and causatively potent; therefore, the appellate court should not interfere.

Court Disposition

Appeal dismissed

Orders

  • No change to apportionment of liability; each defendant liable for 20% of claimant's damages (total 40% after 60% contributory negligence)