Challenges to apportionments on contributory negligence

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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 languageEnglish
Pages (from-to)153-158
Number of pages6
JournalScots Law Times
Volume37
Publication statusPublished - 30 Nov 2018

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appeal
Supreme Court

Keywords

  • law
  • contributory negligence
  • appeal courts

Cite this

Russell, Eleanor J. / Challenges to apportionments on contributory negligence. In: Scots Law Times. 2018 ; Vol. 37. pp. 153-158.
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Russell, EJ 2018, 'Challenges to apportionments on contributory negligence', Scots Law Times, vol. 37, pp. 153-158.

Challenges to apportionments on contributory negligence. / Russell, Eleanor J.

In: Scots Law Times, Vol. 37, 30.11.2018, p. 153-158.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Challenges to apportionments on contributory negligence

AU - Russell, Eleanor J.

N1 - AAM: 6m as before for SLT articles. ET 6/12/18 Verified via Westlaw.

PY - 2018/11/30

Y1 - 2018/11/30

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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KW - contributory negligence

KW - appeal courts

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VL - 37

SP - 153

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ER -

Russell EJ. Challenges to apportionments on contributory negligence. Scots Law Times. 2018 Nov 30;37:153-158.