Case Update

Court considers contributory negligence, capacity and consent

Clyde & Co

In an interesting case for practitioners, the High Court considered issues of capacity, consent and contributory negligence following a road traffic accident (RTA) in which the claimant was a passenger driven by his intoxicated friend. The judge found the claimant had capacity to consent to being driven by the drunk driver but his failure to wear a seatbelt did not make a difference to his injuries. The appropriate reduction for contributory negligence was found to be 20 per cent.