Challenges to apportionments on contributory negligence

Eleanor J. Russell

Challenges to apportionments on contributory negligence

Eleanor J. Russell

Law

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Abstract

The author examines the approach of the courts to the issue of contributory negligence in the context of appeals. She observes that appeal courts are generally disinclined to interfere with findings on contributory negligence made by the court below and will only do so in limited circumstances. Having examined the important guidance provided by the UK Supreme Court in Jackson v Murray 2015 S.C. (U.K.S.C.) 105, the author turns her attention to the recent case of Bowes v Highland Council 2018 S.L.T. 757 where the Inner House took the view that the Lord Ordinary had gone wrong on the issue of contributory negligence and accordingly was prepared to revisit the matter.

Original language	English
Pages (from-to)	153-158
Number of pages	6
Journal	Scots Law Times
Volume	37
Publication status	Published - 30 Nov 2018

Keywords

law
contributory negligence
appeal courts

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Author accepted manuscript
Reproduced in accordance with the publisher policy. This is a pre-copyedited, author-produced version of an article accepted for publication in Scots Law Times. The definitive published version Russell, E (2018), S.L.T. 2018, 37, 153-158 is available online on Westlaw UK.
Author accepted manuscript, 220 KB

Cite this

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N2 - The author examines the approach of the courts to the issue of contributory negligence in the context of appeals. She observes that appeal courts are generally disinclined to interfere with findings on contributory negligence made by the court below and will only do so in limited circumstances. Having examined the important guidance provided by the UK Supreme Court in Jackson v Murray 2015 S.C. (U.K.S.C.) 105, the author turns her attention to the recent case of Bowes v Highland Council 2018 S.L.T. 757 where the Inner House took the view that the Lord Ordinary had gone wrong on the issue of contributory negligence and accordingly was prepared to revisit the matter.

AB - The author examines the approach of the courts to the issue of contributory negligence in the context of appeals. She observes that appeal courts are generally disinclined to interfere with findings on contributory negligence made by the court below and will only do so in limited circumstances. Having examined the important guidance provided by the UK Supreme Court in Jackson v Murray 2015 S.C. (U.K.S.C.) 105, the author turns her attention to the recent case of Bowes v Highland Council 2018 S.L.T. 757 where the Inner House took the view that the Lord Ordinary had gone wrong on the issue of contributory negligence and accordingly was prepared to revisit the matter.

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EP - 158

JO - Scots Law Times

JF - Scots Law Times

ER -

Challenges to apportionments on contributory negligence

Abstract

Keywords

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