17th August, 2020

Chris Kennedy KC appears in Campbell v Advantage Insurance [2020] EWHC 2210 (QB)

The court had to consider the issue of the contributory negligence of an unbelted passenger being driven by an intoxicated driver who sustained catastrophic injuries as a result of the driver's negligence. It was argued that the passenger lacked capacity and so could not have been negligent either in consenting to be driven or in not wearing his seat-belt.

The judge found that the passenger had capacity to consent to be driven. If he was wrong about that he further found that a passenger could not rely on any deprivation of capacity caused by self-induced intoxication. The test in this context was an objective one, the comparator being the reasonable man, able to make an assessment of the fitness of the driver. The appropriate deduction was 20%.

The judge also found that the passenger retained responsibility for putting on his seat-belt. However the circumstances of the collision, in particular the speeds involved, were such that the Defendant had not proved that wearing a seat belt would have made any difference and made no deduction for that.

To read the judgment click here.

To review Chris’s profile click here.



Latest News...

Robert Smith Leads for the Prosecution in Operation Album Resulting in Combined Sentences of Over 76 Years

3rd February, 2025
On Thursday the 30th January 2025, seven defendants were sentenced for their roles in repeated efforts to kidnap, rob and falsely imprison a vulnerable victim for significant volumes of crypto-currency. As well as being tied up and burned, the victim was threatened with a prohibited firearm.

Matthew Snarr secures a damages agreement of £2,650,000.00 settlement sum for a man who suffered a transtibial amputation

30th January, 2025
At a joint settlement meeting in January 2025, Matthew Snarr acted on behalf of a client who suffered a transtibial amputation in a workplace accident.

David Bruce Summarises a Recent Defence Case

27th January, 2025
David Bruce represented the defendant on a recent trial where the Prosecution offered no evidence.