Betts v Tokley [2002] EWCA Civ 52 (18 January 2002)

Betts v Tokley [2002] EWCA Civ 52 (18 January 2002)

The trial judge's apportionment of 60% contributory negligence to the claimant was within the ambit of his discretion and justified by the facts; the claimant knowingly proceeded into a dark, unlit area and assumed the risk of falling.

Source-derived case information.

Citation
[2002] EWCA Civ 52
Parties
Claimant: Wenda Betts; Defendant: Anthony Tokley
Jurisdiction
England and Wales
Judgment Date
18 January 2002
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Liability and Contributory Negligence
Outcome
Appeal dismissed
Legal Topics
Contributory Negligence, Occupiers' Liability, Workplace Safety, Apportionment of Liability
Tort Law Personal Injury Occupiers' Liability Employment Law Contributory Negligence Workplace Safety Apportionment of Liability

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Summary, issues, holding and outcome

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Parties

Wenda Betts

Claimant

Anthony Tokley

Defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Liability and Contributory Negligence

Legal Issues

  1. 1 Whether the trial judge erred in apportioning 60% contributory negligence to the claimant for her injuries sustained on unlit steps at her workplace

Ratio Decidendi

The trial judge's apportionment of 60% contributory negligence to the claimant was within the ambit of his discretion and justified by the facts; the claimant knowingly proceeded into a dark, unlit area and assumed the risk of falling.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs