COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM NEWCASTLE UPON TYNE COUNTY COURT
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE HOOPER
LORD JUSTICE STANLEY BURNTON
| WALDEMAR BELKA
|- and -
|JOSEPH LAWRENCE PROSPERINI
MR RICHARD LYNAGH QC and MR TIMOTHY SMITH (instructed by Total Law Solicitors) for the Respondent.
Hearing date: 17th May 2011
Crown Copyright ©
Lord Justice Hooper :
24. In terms of causative potency the apportionment is equal in the sense that both the action of the pedestrian and the driver's failures as already identified contributed equally to the collision.
Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage ... (emphasis added).
A court must deal broadly with the problem of apportionment and in considering what is just and equitable must have regard to the blameworthiness of each party, but the claimant's share in the responsibility for the damage cannot, I think, be assessed without considering the relative importance of his acts in causing the damage apart from his blameworthiness.
"It may be said that in this case Dale was not much less to blame than Stapley, but Stapley's conduct in entering the stope contributed more immediately to the accident than anything that Dale did or failed to do. I agree with your Lordships that in all the circumstances it is proper in this case to reduce the damages by 80 per cent, and to award 20 per cent of the damages to the appellant.
Lord Justice Stanley Burnton
Lord Justice Rix