When is and when is it not a good idea to argue contributory
negligence?
Following on from the remarkable reductions for contributory
negligence in Yetkin v LB Newham (2010) and in
Russell v West Sussex County Council (2010), John
Goodman provides an overview on the importance of properly
considering contributory negligence and recent trends that may have
slipped under the radar.
Challenging Conventional Wisdom in EL Cases
What happens when an EL claim is investigated? In the vast
majority of cases, the person investigating, whether claims
inspector, case handler or loss adjuster, sets out the various
possible breaches of statutory duty and concludes by about page 4
that liability will probably attach. There may at the very end be a
throwaway comment about the possibility of arguing contributory
negligence.
