Challenges to apportionments on contributory negligence

Abstract

The author examines the approach of the courts to the issue of contributory negligence in the context of appeals. She observes that appeal courts are generally disinclined to interfere with findings on contributory negligence made by the court below and will only do so in limited circumstances. Having examined the important guidance provided by the UK Supreme Court in Jackson v Murray 2015 S.C. (U.K.S.C.) 105, the author turns her attention to the recent case of Bowes v Highland Council 2018 S.L.T. 757 where the Inner House took the view that the Lord Ordinary had gone wrong on the issue of contributory negligence and accordingly was prepared to revisit the matter