The WLR Daily case summaries
[2021] WLR(D) 579
Court of Appeal
Campbell (by his father and litigation friend) v Advantage Insurance Co Ltd
[2021] EWCA Civ 1698
2021 Oct 19; Nov 15
Underhill, Baker, Dingemans LJJ
Road Traffic— Negligence— Contributory negligence— Claimant and friends on night out drinking heavily— Claimant taking back passenger seat in car driven by drunken friend— Claimant seriously injured in fatal road traffic accident— Judge finding claimant should have appreciated driver too drunk to drive safely— Judge apportioning contributory negligence at 20 %— Whether claimant able to rely on own drunkenness and consequential lack of insight to avoid finding of contributory negligence — Whether apportionment of responsibility should be reduced