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Apportionment of liability

P. &. I Clubs Law and Practice

Apportionment of liability

Whitehead v Bruce and others [2013] EWCA Civ 229

Difficult road conditions and unexpected mechanical failure can cause complex traffic situations in which it may be difficult to apportion liability. The Court of Appeal has held that a judge had incorrectly apportioned liability between three defendants, who were all liable for a road traffic accident. The third defendant had parked in a place where overtaking was forbidden; the second defendant had collided with the first defendant, a motorcyclist, in the course of overtaking the third defendant’s car.

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