Ogden & Chadwick v Barber & Higgs
The trial judge was entitled to find that the principal fault lay with Mr Higgs due to his deliberate and dangerous driving, and to apportion liability at 80% to Mr Higgs and 20% to Mr Barber. The judge’s reasoning, though brief, was sufficient given his findings of fact, and the appellate court should not interfere with the apportionment in the absence of exceptional circumstances.
- Parties
- Appellant: Ogden & Chadwick; Respondent: Barber & Higgs
- Jurisdiction
- England and Wales
- Judgment Date
- 23 June 2008
- Procedural Posture
- Civil Appeal / Appeal From Apportionment of Liability After Trial
- Outcome
- Appeal dismissed
- Legal Topics
- Apportionment of Liability, Negligence, Road Traffic Accidents, Contributory Negligence
Case Brief
Summary, issues, holding and outcome
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Parties
Ogden & Chadwick
Appellant
Barber & Higgs
Respondent
Procedural Posture
Civil Appeal / Appeal From Apportionment of Liability After Trial
Legal Issues
- 1 Whether the trial judge gave adequate reasons for the apportionment of liability between Mr Higgs and Mr Barber
- 2 Whether the apportionment of 80% liability to Mr Higgs and 20% to Mr Barber was justified on the evidence
Ratio Decidendi
The trial judge was entitled to find that the principal fault lay with Mr Higgs due to his deliberate and dangerous driving, and to apportion liability at 80% to Mr Higgs and 20% to Mr Barber. The judge’s reasoning, though brief, was sufficient given his findings of fact, and the appellate court should not interfere with the apportionment in the absence of exceptional circumstances.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
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