Stoddart v Perucca
The judge's apportionment of 50% contributory negligence to the claimant was within his discretion, considering both the greater blameworthiness of the claimant and the causative potency of the vehicles involved.
- Parties
- Appellant: Sally Stoddart; Respondent: Perucca
- Jurisdiction
- England and Wales
- Judgment Date
- 01 March 2011
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Contributory Negligence, Apportionment of Liability, Road Traffic Accident
Case Brief
Summary, issues, holding and outcome
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Parties
Sally Stoddart
Appellant
Perucca
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the apportionment of liability for contributory negligence between the claimant and defendant was correct
Ratio Decidendi
The judge's apportionment of 50% contributory negligence to the claimant was within his discretion, considering both the greater blameworthiness of the claimant and the causative potency of the vehicles involved.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed; original apportionment of liability upheld.
Full Case Text
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