COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM BIRMINGHAM CIVIL JUSTICE CENTRE
(MR RECORDER ROGERS)
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE KEENE
and
LORD JUSTICE THOMAS
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WEST |
Respondent/Claimant |
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- and - |
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WILKINSON & ANOTHER |
Appellants/Defendants |
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Mr J Isherwood (instructed by Messrs Lyons Davidson) appeared on behalf of the Respondent.
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Lord Justice Thomas:
"I have to consider therefore what is a just and equitable apportionment of liability. Weighing all of the features of the case and the different particular pieces of negligence I have come to the sad but firm conclusion that the majority of the blame must attach to the Claimant himself. I attribute 60% contributory blame to him, so in terms of primary liability he will succeed against the Defendants as to 40%.
The apportionment between the Defendants themselves is a matter of irrelevance to the Claimant but is crucial as between them. Although the nature of the negligent acts or omissions is very different, in the end I can not distinguish the extent of the respective responsibilities. I find them equally to blame. The effect is that of the overall 40% liability owed to the Claimant that will be divided as between Defendants equally into 20% shares."
Lord Justice Buxton:
Lord Justice Keene:
Order: Appeal dismissed