Campbell v Advantage Ins

Campbell v Advantage Ins

The claimant's voluntary intoxication does not excuse him from the objective standard of care; he was sufficiently aware to consent to being driven by a drunk driver, and a reasonable person would have appreciated the risk. The judge's findings of fact and apportionment of 20% contributory negligence were properly made.

Parties
Appellant/claimant: Lyum Roy Campbell; Respondent/defendant: Advantage Insurance Company Limited; Litigation Friend: Donald Campbell
Jurisdiction
England and Wales
Judgment Date
15 November 2021
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Contributory Negligence, Capacity, Objective Standard, Passenger Liability, Apportionment of Damages
Tort Law Personal Injury Contributory Negligence Capacity Objective Standard Passenger Liability Apportionment of Damages

Case Brief

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Parties

Lyum Roy Campbell

Appellant/claimant

Advantage Insurance Company Limited

Respondent/defendant

Donald Campbell

Litigation Friend

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a claimant can rely on his own drunkenness to avoid or reduce a finding of contributory negligence
  2. 2 Whether the judge wrongly applied a test of capacity under the Mental Capacity Act 2005
  3. 3 Whether the judge's findings of fact were properly made or based on impermissible speculation

Ratio Decidendi

The claimant's voluntary intoxication does not excuse him from the objective standard of care; he was sufficiently aware to consent to being driven by a drunk driver, and a reasonable person would have appreciated the risk. The judge's findings of fact and apportionment of 20% contributory negligence were properly made.

Court Disposition

appeal dismissed

Orders

  • No reduction for failure to wear seat belt
  • 20% reduction in damages for contributory negligence for accepting a lift from a drunk driver